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04-27-21 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 27, 2021 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.) CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, Brandon Begnaud, Chad Czmowski, and Dave Sebesta. 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, City Administrator, noted that he would like to add Item 11.5 — Resolution No. 15307, Resolution Requiring All Council Members to Wear Masks at all Council Functions. This item was at the request of Council Member Czmowski. Motion by Czmowski, second by Christensen, to approve agenda with the additional item. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 2. INVOCATION — Hope Family Church (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 (a) Resolution No. 15298 — Resolution Accepting $50.00 Donation from Bruce & Gladys Lickfelt for Law Enforcement Memorial Park Fund Motion by Sebesta, second by Begnaud, to approve Resolution No. 15298. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 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 6. APPROVAL OF MINUTES (a) Regular Meeting of April 13, 2021 Motion by Christensen, second by Sebesta, to approve minutes as presented. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. CITY COUNCIL MINUTES April 27, 2021 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. 15297 — Resolution for Traffic Control Devices (Removal of Parking Restrictions on Lea Avenue SW) (b) Consideration for Approval of Purchase of Public Works Secondary Bucket Truck (c) Consideration for Approval of Purchase of Sanitary Sewer Manhole Lining (d) Consideration for Approval of Purchase of Water Treatment Plant No. 7 Operational Recovery Cleaning (e) Consideration for Approval of Additional Fee Request Proposal from Wold Architects and Engineers for Additional Work Related to the New Police Station (f) Consideration for Approval of Issuing Short -Term Gambling License to St. Anastasia Catholic Church on May 7, 2021 (g) Consideration for Approval of Items for V Avenue NE Improvements (Letting No. 10, Project No. 21-10) 1. Resolution No. 15299 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 15300 - Resolution Receiving Report and Calling Hearing on Improvement (h) Consideration for Approval of Resolution No. 15303 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit and Site Plan Review for a Civil Air Patrol Training Facility Located at 840 Airport Road SW with Favorable Planning Commission Recommendation (i) Consideration for Approval of Resolution No. 15304 — Resolution Adopting Findings of Fact and Reasons for Approval of a Final Plat for Century Court West with Favorable Planning Commission Recommendation (j) Consideration for Approval of Resolution No. 15305 — Resolution Adopting Findings of Fact and Reasons for Approval of a Preliminary Plat and Conditional Use Permit to Amend the Planned Development District at Southfork Ridge Fourth Addition with Favorable Planning Commission Recommendation (k) Claims, Appropriations and Contract Payments Item 70) was pulled for separate discussion. Mr. Jaunich noted that a revised Resolution had 2 CITY COUNCIL MINUTES April 27, 2021 been distributed. Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of Item 70). Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Item 70) — Dan Jochum, Planning Director, noted that at the Planning Commission meeting discussion was held regarding the condition of no parking being allowed on the private street. He stated that he and the Fire Chief have since reviewed the area and recommending to allow parking on the "inside" portion of the private street but not on the portion where the radius is. this parking. Council Member Christensen noted that the streets and utilities of the development are private and are the responsibility of the developer and/or Association. Motion by Christensen, second by Sebesta, to approve Item 70). Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. APPROVE/DENY FIRST READING OF ORDINANCE NO. 21-821 - FRANCHISE AGREEMENT WITH ART' S PLACE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the owners of Art's Place, Compass Occasions, has requested permission of the sidewalk surrounding the facility for outdoor seating, flower planters, temporary outdoor games, etc. A franchise agreement has been drafted which contains the same conditions as agreements with other establishments. Motion by Sebesta, second by Begnaud, to close public hearing. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. Motion by Christensen, second by Begnaud, to approve first reading of Ordinance No. 21-821. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. 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 coniniunications f on2 other entities.) UNFINISHED BUSINESS NEW BUSINESS 9. APPROVE/DENY RESOLUTION NO. 15306 — RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON THE NEW POLICE STATION PROJECT Matt Jaunich, City Administrator, explained that before the Council for consideration are plans and specifications for the bidding of the new police station project. The plans include a remodel of the north end of the liquor store and demolition of the current Econo Foods building. If approved by the Council, the project will go out for bids on May 7, 2021 and bids will be due on June 10, 2021 with awarding the project at the June 22, 2021, Council meeting. Mr. Jaunich noted that the plans include a new Department of Motor Vehicle in the police facility building. General discussion was held regarding CITY COUNCIL MINUTES April 27, 2021 parking and the cost of building supplies. Motion by Christensen, second by Czmowski, to approve Resolution No. 15306. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 10. APPROVE/DENY AWARDING CREEKSIDE WOOD RECEIVING/PROCESSING AREA PIPE EXTENSION PROJECT Andy Kosek, Creekside Manager, presented before the Council. Mr. Kosek explained that due to the growth of the site, additional storage/production capacity is needed. The site is landlocked in regard to the ability to expand into any adjacent property, so fully utilizing the property within the current site is essentially the only option. The proposed project consists of tree removal, installing concrete pipe in place of the open ditch, then enclosing the currently open drainage ditch and final grade work. Completing this project will increase the site's overall storage capacity for raw materials as well as create a more efficient, streamlined colored mulch production process. Two quotes were received for the project with the low quote coming from Juul Contracting Co. in the amount of $121,237.50. The project is accounted for the in the 2021 CIP. Motion by Czmowski, second by Forcier, to approve awarding Creekside Wood Receiving/Processing Area Pipe Extension Project. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 11. APPROVE/DENY RESOLUTION NO. 15301 — RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that annually the City administers street and capital improvement projects that are financed by General Obligation Improvement Bonds. The City's current business practice is to issue bonds in the Fall after the projects have been bid, awarded to contractors and the contract costs are determined. The biggest benefit of this practice is that the City bonding amount is more accurate than if the City bonded earlier in the year based on engineering estimates. For 2021, the City anticipates issuing additional bonds to finance the new police facility and the Wastewater Headworks project. Therefore, there likely will be costs related to those projects that are paid in advance of receiving the bond proceeds. When bond proceeds are used to reimburse costs already paid, IRS regulations require the City Council to approve a Resolution declaring its intent to reimburse itself with the bond proceeds. The proposed Resolution itemizes the various projects expected to be financed by bonds this year and sets the maximum cost reimbursement at a conservative amount of $16,000,000. Motion by Czmowski, second by Sebesta, to approve Resolution No. 15301. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 12. APPROVE/DENY RESOLUTION NO. 15302 — RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS TO FINANCE PUBLIC IMPROVEMENTS Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the City's annual General Obligation Special Assessment Improvement Bonds will not provide sufficient bond proceeds to complete all of the projects identified for 2021. Therefore, other bonding options must be considered to finance the pedestrian crossing system at the intersection of Hwy 7 West and Montana Street, the sidewalk and trail improvements along Hwy 7 East and the extension of Jefferson Street from Washington Avenue to 1 gt Avenue. Staff, along with the City's bond advisor, have identified tax abatement bonds as the best option for financing these projects. The process is a bit different from the special assessment 11 CITY COUNCIL MINUTES April 27, 2021 process but in the end the City will levy taxes to repay the bonded debt just as is done with GO Special Assessment Improvement bonded debt. This process does require a public hearing to discuss the tax abatement financing and to identify the tax parcels being abated. Resolution 15302 sets the public hearing date for May 25, 2021, defines the maximum principal amount of bonds at $750,000 and identifies 14 tax parcels to be abated. The tax abatement is simply a mechanism for the City to issue bonded debt to finance public improvements and in no way affects the amount of taxes paid by the abated properties. The taxpayers will continue to pay their full tax bill and the City will use the city taxes from those abated parcels to pay the debt service on the bonds. Motion by Sebesta, second by Czmowski, to approve Resolution No. 15302. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 13. APPROVE/DENY FIRST READING OF ORDINANCE NO. 21-822 — AN ORDINANCE AMENDING SECTION 154.024 AND SECTION 154.116 OF CITY CODE REGARDING ENCROACHMENTS AND CONSTRUCTION AND MAINTENANCE OF PARKING LOTS Dan Jochum, Planning/Zoning Director, presented before the Council. Mr. Jochum noted that staff would like to clarify through an ordinance amendment the paving requirements noting that curb and gutter is required for parking lots. The other ordinance amendment is related to yard space encroachments, specifically in easement areas. The zoning ordinance states that retaining walls may be allowed by conditional use in easement areas. Staff feels the intention of this is for retaining walls to manage grade in side -yard situations and not rear yard stormwater facility easements. Therefore, the proposed ordinance revision states that retaining walls and landscape timbers or similar are not allowed in easement areas adjacent to stormwater facilities. Motion by Czmowski, second by Forcier, to approve first reading of Ordinance No. 21-822. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 14. APPROVE/DENY ENGINEERING SERVICES AGREEMENT WITH SRF CONSULTING GROUP INC. (SOUTH GRADE ROAD AND DALE STREET INTERSECTION IMPROVEMENTS) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is requesting that SRF Consulting Group Inc. examine potential improvements to the South Grade Road and Dale Street intersection. The analysis will primarily focus on the feasibility of implementing a roundabout configuration to address a variety of vehicular and pedestrian/bicyclist needs at this intersection. Currently this segment of Dale Street is programmed to be addressed by an improvement project in 2023, so determining the appropriate intersection design in the near future is necessary. Motion by Czmowski, second by Christensen, to approve engineering services agreement with SRF Consulting Group Inc. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 15. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR MAY 11, 2021, AT 4:00 P.M. WITH HISTORIC HUTCHINSON Matt Jaunich, City Administrator, explained that Historic Hutchinson has requested to have a workshop with the Council to talk about their role within the community. Jim Fahey of Historic Hutchinson will lead the discussion and would like to present on the background of Historic Hutchinson and highlight the investment the organization has made within the community. Motion by Czmowski, second by Christensen, to approve setting Council workshop for May 11, 2021, at CITY COUNCIL MINUTES April 27, 2021 4:00 p.m. with Historic Hutchinson. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. 15.5 APPROVE/DENY RESOLUTION NO. 15307 — RESOLUTION REQUIRING ALL COUNCIL MEMBERS TO WEAR MASKS AT ALL COUNCIL FUNCTIONS Matt Jaunich noted that Council Member Czmowski requested that this Resolution come before the Council for consideration. Council Member Czmowski noted that this Resolution doesn't change the way things have been done or how they are supposed to be happening, but rather just confirms it in written form. Council Member Begnaud noted that the proposed Resolution states that the mask requirement will remain in place until City Council action is taken to withdraw such requirement and not necessarily in conjunction with removal of Governor's orders. Council Member Czmowski and Mayor Forcier noted that the proposed Resolution would require the Council o act on it to reverse the requirement. Council Member Begnaud voiced he doesn't feel a Resolution is necessary since it is a requirement of the State. Mayor Forcier suggested that the Resolution be revised to read that the requirement would be removed when the Governor's Order ends instead of separate Council action. Discussion was held regarding police enforcement of the mask mandate. Council Member Sebesta shared statistical information related to infections and deaths due to other diseases and viruses. Motion by Czmowski, second by Christensen, to approve Resolution No. 15307. Council Member Begnaud expressed that he feels the Council should continue to work together but not formally require this of others. Mayor Forcier noted that he does wear a mask in compliance with the Governor's order, but he doesn't feel a Resolution of the City is needed to make it official. Roll call vote was taken: Christensen — aye; Begnaud — nay; Czmowski — aye; Sebesta — nay; Forcier — nay. Motion failed 3 to 2. 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.) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS a) Quarterly Public Arts Commission Financial Update b) 2020-2021 Snow Removal Annual Report c) Hutchinson Housing & Redevelopment Authority Board Minutes from March 16, 2021 d) Planning Commission Minutes from March 16, 2021 (e) City of Hutchinson Financial Report and Investment Report for March 2021 MISCELLANEOUS 17. STAFF UPDATES Gary Forcier — Mayor Forcier noted that he received a request for a flashing pedestrian crossing to be installed at McDonald Drive and School Road. Kent Exner, City Engineer, noted that a comprehensive analysis needs to be conducted on all of the unmarked crossings throughout the city as opposed to installing them per individual requests. Exner assured that this crossing, and all crossings, will be analyzed. Council Member Czmowski asked Exner about a marked crossing at 5th Avenue/Main Street — he noted that it used to be marked but now is unmarked after the construction. Exner noted that CITY COUNCIL MINUTES April 27, 2021 MnDOT doesn't necessarily favor marked crosswalks at all intersections, however he will have a discussion with them about it. 18. COUNCIL/MAYOR UPDATE Brandon Begnaud — Council Member Begnaud, and all council members, commended the City's police department on a very serious altercation that occurred last week with one of the officers. ADJOURNMENT Motion by Sebesta, second by Begnaud, to adjourn at 6:45 p.m. Roll call vote was taken: Christensen — aye; Begnaud — aye; Czmowski — aye; Sebesta — aye; Forcier — aye. Motion carried unanimously. ATTEST: Gary T. Forcier Matthew Jaunich Mayor City Administrator 7