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11-10-2020 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, NOVEMBER 10, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information fog° agenda iten2s in advance by city staff, committees and boards. Many decisions regarding agenda iten2s are based upon this information as well as: City policy and practices, inputfiron2 constituents, and other questions or information that has not yet been presented or discussed regarding an agenda iten2.) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Chad Czmowski, and Dave Sebesta. Member absent was Mary Christensen. Members were present via electronic means. Others present in the Council Chambers 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 Matt Jaunich asked that Item 10.5 be added to the agenda. The item is consideration of a Right of First Refusal related to the 3rd Avenue NW (Cenex property) item. Motion by Sebesta, second by Czmowski, to approve agenda with the additional item noted. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 2. INVOCATION — Hunter's Ridge (The invocation is a voluntary expression of the private citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preferencefor, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (This is an opportunity fog° 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 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain fi on2 personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL Mariah Rolston-Deragon, Monroe Street, presented before the Council. Ms. Rolston-Deragon spoke about the COVID-19 virus and mask wearing. Ms. Rolston-Deragon asked that the City Council set an example in mask wearing and commented on a situation that she witnessed at the Liquor Hutch last week. Ms. Rolston-Deragon noted that there are many situations in which businesses are allowing customers to come into their businesses without masks and she expressed that mask wearing must be enforced. Julie Lofdahl, 542 Jefferson Street, presented before the Council. Ms. Lofdahl commented that she too feels that the mask mandate is not being adequately enforced in the City of Hutchinson. She urged all to wear masks and care about other's health. She too asked all Council Members to set an example to the community. Jim Lyons, CEO of Hutchinson Health, presented before the Council. Mr. Lyons provided data on COVID-19 cases which has risen dramatically in the last two weeks. Mr. Lyons spoke about adequate staffing in the hospital to care for all patients. He noted a substantial increase in need of acute care for patients. He also spoke about the necessity of staying home if people feel sick or think they may have COVID-19 symptoms. Mr. Lyons spoke on how serious of a public health issue this is and how important it is for all to follow the guidelines that have been established. CITY COUNCIL MINUTES November 10, 2020 Council Member Cook asked Mr. Lyons to address COVID-19 effecting only older -aged people or those with underlying health conditions. Mr. Lyons said that is not the case and there are many other younger people and relatively healthy people with no underlying health conditions that contract the virus. 6. APPROVAL OF MINUTES (a) Regular Meeting of October 27, 2020 Motion by Cook, second by Czmowski, to approve the minutes as presented. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Council Member Czmowski asked Matt Jaunich to review enforcement of the mask mandate. Mr. Jaunich explained that the Governor's Order is the minimum standard and cities can be more restrictive. Mr. Jaunich clarified that the mask mandate is in effect in all city facilities. Enforcement issues should be taken up with the Minnesota Department of Health or OSHA and is not the responsibility of local law enforcement. Staff has been given the direction to follow the guidelines established by the MDH. CONSENT AGENDA (The iten2s 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 iten2s are not discussed) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Resolution No. 15230 - Resolution Adopting Assessment for T.H. 15 (Main Street) Reconstruction and T.H. 15 ADA & Overlay Improvements Project (b) Consideration for Approval of Change Order No. 2 — Letting No. 3, Project No. 20-03 (South Central Drainage Area Improvements Phase 2) (c) Consideration for Approval of Resolution No. 15233 — Resolution Approving Disposal of Surplus Parks and Recreation Department Property (d) Consideration for Approval of Purchase of Bobcat Toolcat (e) Board/Commission Appointments/Reappointments 1. Jeff Hoeft to PRCE Board to August 2021 (completing Marlys Hoeft's unexpired term) 2. Joshua Kamrath to PRCE Board to August 2023 3. Ashley Gabbert to PRCE Board to August 2023 4. Reappointment of Bob Wendorff to Hutchinson Utilities Commission to December 2025 (f) Claims, Appropriations and Contract Payments Items 7(d) and 7(e) were pulled for further discussion. Motion by Sebesta, second by Czmowski, to approve consent agenda. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Item 7(d) — Council Member Cook noted that the price for the bobcat is $51,500. He clarified that we are trading in the old one with a $20,000 credit so that reduces the total cost of the equipment to $31,500. 2 CITY COUNCIL MINUTES November 10, 2020 Motion by Cook, second by Czmowski, to approve Item 7(d). Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Item 7(e) had further discussion. Council Member Cook asked that the board interest forms of those being appointed be included in future Council packets. Mayor Forcier noted those will be included in the future. Motion by Cook, second by Sebesta, to approve Item 7(e). Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. 2021 PAVEMENT MANAGEMENT PROGRAM (LETTING NO. 1, PROJECT NO. 21-01) (a) Resolution No. 15231 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 15232 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a bid opening is scheduled for February 10, 2021, for this project. The project includes Harrington Street, Clinton Avenue SW, Merrill Street SW, Church Street SW and Lyndale Avenue SW roadway reconstruction/rehabilitation, curb and gutter, draintile installation, bituminous surfacing, sidewalk, street lighting, landscaping, restoration and appurtenances. Estimated project cost is $2,155,000 with the majority of the project being funded by City bonding and the remainder being assessable costs. Mr. Exner spoke about proposed assessment rates and the City's assessment policy. An assessment hearing will be held at a Council meeting after the bids are received. Council Member Cook feels that the assessments should be prorated on street widths to be fair and consistent. This will be acknowledged and addressed after the bids are received. Council Member Cook also suggested increasing the assessment rates on the fee schedule in a phased -in approach over the next several years. Matt Jaunich read a letter received from Jamie Anderson of 854 Merrill Street SW. The letter was addressed to the Council regarding the project. Mr. Anderson asked that the Council look at all possibilities to reduce the assessed amounts. Mr. Anderson noted that Merrill Street has never had the flooding issues like Church Street and Harrington Street. Mr. Anderson also expressed that he does not believe it is necessary to replace the existing sewer system. He also wished that more feedback and personal contact with homeowners was sought before construction began. Mr. Anderson inquired if any state aid could be used to assist with the project. He also asked for more police patrol since the street is currently gravel and people are purposely driving fast and recklessly on the gravel. Kent Exner addressed Mr. Anderson's concerns. Motion by Cook, second by Czmowski, to close public hearing. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Motion by Czmowki, second by Sebesta, to approve Resolution Nos. 15231 and 15232. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Council Member Cook spoke about funding mechanisms and Mr. Jaunich spoke about 429 bonding which requires at least 20% of a project to be assessed. 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 coniniunications f on2 other entities.) 9. REVIEW OF CITY SNOW REMOVAL AND ICE CONTROL SERVICES John Olson, Public Works Manager, presented before the Council. Mr. Olson provided a brief overview of snow removal operations in the City of Hutchinson. The overview included items on the CITY COUNCIL MINUTES November 10, 2020 snow and ice policy, when operations are initiated, when a snow emergency is declared, processes of snow removal operations, personnel, equipment, sidewalks, snow disposal site, private property, use of contractors, and information for requests for service and complaints. Mr. Olson requested that a Resolution be approved formally adopting the City's Snow Removal and Ice Control Policy. The Resolution will be considered at an upcoming meeting. UNFINISHED BUSINESS 10. APPROVE/DENY ENTERING INTO PURCHASE AGREEMENT FOR 3RD AVENUE NW SITE (FORMER CENEX FERTILIZER PLANT) Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted this item was on the last Council meeting agenda and was tabled to allow more time for Mr. Seppelt to gain more information from the developer. Mr. Seppelt explained that instead of a purchase agreement, the developer has agreed to enter into a Right of First Refusal. The Right of First Refusal will allow the developer and the City to explore the feasibility of the project without committing the City to any further action. Mr. Seppelt noted that given the constraints on building height, lot coverage, and the minimum number of units needed to make the project work, the site simply might not work for this type of project. However, this is the first, very early step, in the process. Jim Fahey, 440 Main Street South, presented before the Council. Mr. Fahey reminded the Council that when this property was purchased 13 years ago the plan was to redevelop it. Mr. Fahey believes it is a very positive thing to raise the tax base with a development such as this and encouraged the Council to move this project forward. Mr. Jaunich also acknowledged that an email was sent to the Council from Sara Young who is in opposition to this development project. Council Member Cook agreed with Mr. Fahey that this lot was indeed purchased and decided to be redeveloped 13 years ago, however the redevelopment itself was not identified. Council Member Cook noted that there are some restrictions in place as noted, such as constraints on building height, lot coverage and the minimum number of units needed to make the project work. Council Member Cook wants the community benefit to be considered as part of a redevelopment project on this site. Council Member Cook feels that the proposed project will be completely out of character of this area. He also expressed that there are several other areas for a large apartment complex development such as this one that would be much better suited. Council Member Cook expressed that perhaps this lot would be better for a different use — even a location for a splash pad. Or a community/school student -run business, such as a coffee shop. He also suggested hiring someone to create a redevelopment plan for this specific site. Council Member Czmowski clarified that this lot is not parkland, but rather green space. Council Member Czmowski also asked Mr. Seppelt to clarify that should this Right of First Refusal be entered into, and potentially a purchase agreement, the EDA/City can work with the developer on development plans. Mr. Seppelt explained that the EDA is simply looking at beginning the very early stage of redevelopment of this area on a feasibility aspect from both the City and the developer. Mayor Forcier commented that he feels Mr. Seppelt is stepping into this very cautiously and there are many "outs" available to both the City and the developer. Council Member Sebesta commented that without definite drawings, elevations, etc. he doesn't feel the Council should deny any considerations so early in the project development. Council Member Cook again commented that a redevelopment plan should be written for this lot specifically. Gus Wurdell, 20455 248th Circle, City residential/commercial property owner, presented before the Council. Mr. Wurdell voiced concerns that this lot could potentially never be on the tax rolls again. The intent of the purchase and redevelopment of this property was to have it be economically stimulated. Mr. Wurdell believe it not prudent to turn away a potential developer on a $10 million project. Mr. Wurdell 11 CITY COUNCIL MINUTES November 10, 2020 noted that the downtown plan did illustrate housing in the downtown/river overlay area and this is a good starting point. Motion by Czmowski, second by Sebesta, to deny entering into purchase agreement for 3rd Avenue NW site. Roll call vote was taken: Cook — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 10.5 APPROVE/DENY ENTERING INTO RIGHT OF FIRST REFUSAL FOR 3m AVENUE NW SITE (FORMER CENEX FERTILIZER PLANT) Motion by Czmowski, second by Forcier, to approve entering into right of first refusal for 3rd Avenue NW site. Roll call vote was taken: Cook — nay; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried 3 to 1. NEW BUSINESS 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. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Liquor Hutch Quarterly Report (b) Economic Development Authority Board Minutes from September 23, 2020 MISCELLANEOUS 12. STAFF UPDATES Tom Gifferson — Chief Gifferson spoke briefly about an uptick in phone "scams" that were reported around election time. Chief Gifferson also spoke about the mask mandate and the State of Minnesota has accepted responsibility for complaints and enforcement of the mask mandate. If the State requires local law enforcement assistance, the police department will provide the service requested. Chief Gifferson also spoke about enforcement related to the new restrictions put in place today by the Governor's office related to bars/restaurants closing at 10:00 p.m. and private gatherings. Matt Jaunich spoke about the mask mandate and reiterated that cities can be more restrictive. Council Member Cook asked Chief Gifferson about enforcement of a city ordinance related to mask mandates. Chief Gifferson responded that there may be better ways to address the issue rather than issuing citations. Chief Gifferson noted that HPD is waiting to hear back from the DNR on their turkey permits to begin removing turkeys throughout the city. Matt Jaunich — Mr. Jaunich noted that city offices will be closed tomorrow in observance of Veterans' Day; He reminded the Council of the canvassing board meeting on Friday, November 13, 2020, at 9:00 a.m.; He noted that the Core planning group on the police facility will be meeting on November 23, 2020, at 3:00 p.m.; and he also noted that the City's combined polling place will most likely be split into three separate polling locations per precinct for the next election. It was decided that Mayor Forcier will replace Steve Cook on the Core planning group for the HPD facility. 13. COUNCIL/MAYOR UPDATE Dave Sebesta — Council Member Sebesta asked about the streetlights again that are out on Main Street. Kent Exner noted that the issues should be resolved and the all of the streetlights should be operational by the end of this week. CITY COUNCIL MINUTES November 10, 2020 Steve Cook — Council Member Cook noted that McLeod County is taking comments on roadwork on County Road 115 from County Road 7 to Hwy 22 for resurfacing and shoulder paving. He asked if the Council would be okay with the City requesting that shoulder paving be done from Hwy 7 to County Road 7 due to use of bicyclists in the area. Kent Exner noted that this item will be before the Council at the next meeting to provide feedback to the County. Gary Forcier — Mayor Forcier commented on the recent election and some community actions and comments that were destructive and hurtful. He urged residents to get to know each other and not make assumptions based on social media posts are political affiliations. Mayor Forcier also recognized Veterans' Day tomorrow. ADJOURNMENT Motion by Czmowski, second by Sebesta, to adjourn at 7:50 p.m. Roll call vote was taken: Cook aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator