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08-13-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 13, 2013 C_ Ai I JO 0RQFR — .5.30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Mary Christensen and Gary Forcier. Member absent was Chad Czmowski. Others present were Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION —Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Christensen thanked the Chamber of Commerce for putting on Music in the Park over the Summer. Council Member Arndt thanked the Hutchinson Theatre Company for putting on this summer's musical. Mayor Cook congratulated the VFW Post 906 baseball team on taking second place in the State Tournament. Mayor Cook also commented on the successful Garlic Festival held this past weekend. 5. PUBLIC COMMENTS John Dietel, 185 Arch Street SE, asked the status of the chicken ordinance. Marc Sebora, City Attorney, explained that city staff has been working on the ordinance as directed by the city administrator. Staff met as recently as a couple of weeks ago to begin drafting an ordinance and consider information brought forward from stakeholders. The intention is to have an ordinance in place by the end of 2013. Vern Showalter, 1055 Dale Street SW, presented before the Council. Mr. Showalter noted he has concerns with the proposed memory care project that is being considered directly behind his property. His wife is a shift worker and the Showalters have concerns with noise and other activity. Mr. Showalter requested that a buffer or fencing be considered as part of the project. Jim Pease, 1065 Dale Street, presented before the Council. Mr. Pease voiced concerns with the proposed memory care facility considered to be built behind his property and requested that buffers or fencing be included with the project. Mr. Pease expressed that he feels perhaps the value of his property will decrease because of this additional project with there being no more single- family homes on his block, but rather he is surrounded by elderly care facilities. 6. MINUTES (a) REGULAR MEETING OF JULY 23, 2013 Motion by Christensen, second by Forcier, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Puipose: only for items i °equiring Council apps -oval by external entities that would other -vise have been delegated to the CityAdministrator. Ti °aditionally, items are not discussed.) CITYC'OUNCIL MINUTES AUGUST 13, 2013 (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14177 — RESOLUTION TO SELL UNCLAIMED PROPERTY (BICYCLES) 2. RESOLUTION NO. 14178 - RESOLUTION TO ESTABLISH SUPPORT FOR CITY WASTEWATER DELEGATED PRETREATMENT PROGRAM 3. ORDINANCE NO. 13 -713 - ORDINANCE APPROVING FRANCHISE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO POLE BUILDINGS FOR COLD STORAGE AT PRIDE SOLUTIONS LLC LOCATED AT 120 EASTGATE DRIVE SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14175) 2. CONSIDERATION OF REZONING PROPERTY AT 1025 DALE STREET SW FROM R1 TO R4 TO ALLOW FOR DEVELOPMENT OF A 30 -UNIT MEMORY CARE FACILITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 13 -714 FOR AUGUST 27, 2013) (c) CONSIDERATION FOR APPROVAL OF EVENT CENTER SERVICE ROAD CLOSURE ON SEPTEMBER 27, 2013 (d) CONSIDERATION FOR APPROVAL OF `BE 1 OF 100" RUN ON AUGUST 21, 2013 (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 2 —LETTING NO. 8B/PROJECT NO. 13 -08B —DEPOT SITE IMPROVEMENTS - CHANGE ORDER NO. 3 —LETTING NO. 1 /PROJECT NO. 12 -01 — 5TH AVENUE NW IMPROVEMENTS (f7 CONSIDERATION FOR APPROVAL OF AIRPORT MAINTENANCE AND OPERATIONS AGREEMENT (g) CONSIDERATION FOR APPROVAL OF AIRPORT HANGAR LEASE (h) CONSIDERATION FOR APPROVAL OF AIRPORT GRANT ASSURANCES (i) CONSIDERATION FOR APPROVAL OF DEPOT RAIN GARDEN GRANT APPLICATION (j) CONSIDERATION FOR APPROVAL OF OUTDOOR EVENTS ON SEPTEMBER 27 & 28, 2013, AS REQUESTED BY LAMPLIGHTER II (k) CONSIDERATION FOR APPROVAL OF SUPPORT OF 39TH ANNUAL CHAMBER OF 2 CITYC'OUNCIL MINUTES AUGUST 13, 2013 COMMERCE ARTS & CRAFTS FESTIVAL ON SEPTEMBER 13 & 14, 2013 (1) CONSIDERATION FOR APPROVAL OF AMENDING LIQUOR LICENSE CONSUMPTION POLICY AT MCLEOD COUNTY FAIRGROUNDS DURING MCLEOD COUNTY FAIR FROM AUGUST 14-18,2013 (m) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER CUTTERS OF THE NATIONAL WILD TURKEY FEDERATION ON FEBRUARY 7 & 8, 2014, AT MCLEOD COUNTY FAIRGROUNDS (n) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 7 & 8, 2013 (o) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR AUGUST 23, 2013, AT 4:00 P.M. TO REVIEW COMPREHENSIVE PLAN (p) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (q) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B (r) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER C Items 7(a)2, 7(b)1, 7(b)2, 7(g), 7(1), 7(0), and 7(q) were pulled for separate discussion. Motion by Arndt, second by Forcier, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)2 had further discussion. Mayor Cook that further explanation be given regarding the pretreatment program. John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the MPCA has statutory delegation authority to delegate wastewater pretreatment program administration to municipalities. This means that the City is being delegated additional regulatory duties to go along with its current wastewater pretreatment program. This authority recognizes the programs the City already has in place and also allows the removal of one layer of regulation for industries, whereby the City can issue permits and other licenses to the industries that the MPCA does now. Motion by Arndt, second by Christensen, to approve Item 7(a)2. Motion carried unanimously. Item 7(b) I had further discussion. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that the applicant has requested that construction of one building be permitted rather than two buildings as approved by the Planning Commission. The applicant has determined that one larger structure will work better for their plans versus the two buildings that were proposed to the Planning Commission. Mr. Jochum explained that pole type constructed structures are allowed by conditional use permit. Because the applicant is not amending anything material to the application, it appears reasonable for the City Council to consider the amended request to go from two buildings to one. Mayor Cook asked if approval of the City Engineer should be required due to the ponding requirements in the area. This will be added to Item G on Resolution No. 14175. Motion by Arndt, second Forcier, to approve Item 7(b) 1. Motion carried unanimously. 3 CITY C'OUNC'IL MINUTES A UGUST 13, 2013 Item 7(b)2 had further discussion. Mayor Cook noted that two members of the public spoke during the public comments period of this meeting with concerns. Mayor Cook also mentioned some drainage concerns in the area, however he reminded the Council that this evening's action is only to rezone the area from RI to R4. A rezoning requires an ordinance with two readings. Mr. Jochum explained that at the next Council meeting, the site plan and conditional use permit will be considered along with the second reading of the rezoning ordinance. Perhaps concerns of the neighbors could be addressed at that time. Mr. Jochum mentioned that the traffic should not be as busy as perhaps the neighbors are thinking it may be. Mayor Cook mentioned that this memory care project falls very well within the comprehensive plan. Motion by Arndt, second by Cook, to approve Item 7(b)2. Motion carried unanimously. Item 7(g) had further discussion. Mayor Cook asked that this item be tabled to allow more time for the city attorney and city administrator to review in more detail — such as the escalating rent price and other items. Motion by Arndt, second by Cook, to table Item 7(g) to August 27, 2013. Motion carried unanimously. Item 7(1) had further discussion. Council Member Arndt noted that the Fair Board discussed this item last night and he asked the police chief to explain the new process of beer consumption at the McLeod County Fair. Chief Hatten presented before the Council. Chief Hatten noted that beer has been consumed at the Fair for decades. Historically, the area around the pavilion where the beer is sold and where entertainment stages are contained has been fenced off and beer was only allowed to be consumed in that area. The change being proposed this year is to allow beer consumption outside of that perimeter within the entire area of the Fairgrounds. All beer consumers must wear a band showing they are of legal age to consume alcohol. In addition, when the evening entertainment begins, such as approximately 7:30 p.m., all beer will only be allowed to be consumed within that inner - perimeter fence that surrounds the stages. This change will be reviewed after the Fair to address any major issues. Motion by Arndt, second by Forcier, to approve Item 7(1). Motion carried unanimously. Item 7(0) had further discussion. Mayor Cook clarified that the workshop date to be considered is August 27, 2013 (not August 23) prior to the Council meeting. August 27, 2013, at 4:00 p.m. works for all Council Members present. Motion by Christensen, second by Forcier, to set Council workshop for August 27, 2013, at 4:00 p.m. to review the comprehensive plan. Motion carried unanimously. Item 7(q) had further discussion. Council Member Forcier noted he will be abstaining from voting. Motion by Arndt, second by Cook, with Forcier abstaining, to approve Item 7(q). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. 11 CITY C'OUNC'IL MINUTES A UGUST 13, 2013 (a) CONSIDERATION OF ORDINANCE NO. 13 -715 - AN ORDINANCE APPROVING REVISIONS TO SECTIONS 5.02 AND 13.03 OF HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (SET SECOND READING AND ADOPTION FOR AUGUST 27, 2013) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year the Charter Commission began discussions regarding a couple of amendments to the City's Charter. One of the revisions considered was to amend the petition requirement from 20% of those who voted for mayor in the preceding election to 10% of total votes cast in the last regular election. Mayor Cook added that when City elections were held in odd - numbered years, the petition requirements were not as onerous. However, when the City changed to elections in even - numbered years, voter turnout was higher and the petition requirements appeared to be more challenging. Another amendment recommended by the Charter Commission was to change language in Section 13.03 to coincide with current practice related to official bonds. The amendment states that officers of the City shall be covered by a surety bond from the City rather than the officials providing a corporate bond to the City. State law requires Charter changes to be made pursuant to a public hearing and ordinance change, thus the process being followed this evening. Mayor Cook also clarified that the petition signatures must be registered voters of the City and therefore most often petition circulators must gain additional signatures beyond the requirement to allow for any discrepancies. Mr. Sebora also explained a typographical error on the ordinance proposed. The word "preceding" shall be struck through and in its place "regular" will be inserted when describing the election. Motion by Christensen, second by Arndt, to close public hearing. Motion carried unanimously. Mayor Cook noted that, because he was asked to attend the Charter Commission meetings, he had surveyed other cities to research their petition requirements, with 10% being an average number. Mayor Cook also mentioned that when the Charter Commission was discussing the appropriate petition requirements, the discussion mainly surrounded around initiatives and referendums, but not recalls. Mayor Cook suggested perhaps a petition requirement for a recall be higher than 10 %. The Charter amendments can be approved as presented, with the recall requirements to be considered at a later date by the Charter Commission. Marc Sebora noted that the statute requires Charter amendments to be approved by all Council Members. Since Council Member Czmowski is absent, this item should be considered at the next Council meeting. Mayor Cook also noted that he had found that some cities have regulations on expenditures by petitioners. The Council can adopt some sort of ordinance to address this issue. Mayor Cook asked that a draft ordinance be prepared for the next Council meeting to consider this. Motion by Arndt, second by Christensen, to table this item to August 27, 2013. Motion carried unanimously. 5 CITY COUNCIL MINUTES AUGUST 13, 2013 9. COMMUNICATIONS. REOIJESTS AND PETITIONS (Puipose: to provide Council with information necessrny to craft wise policy. Always looking toward the fixture, not monitoring past) 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AWARDING BOND SALE FOR GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Andy Reid, Controller, presented before the Council. Mr. Reid clarified that the Resolution before the Council is Resolution No. 14180 and not 14181 as included in the Council packet. Mr. Reid reviewed the projects included with this bond sale. These projects include Jefferson Street Reconstruction Phase 1, 2013 Pavement Management Program, TH 15 & CSAH 115 Roundabout, City School and Hospital Parking Lot Improvements and a contingency fund with total project costs of $2,860,567 and value of $2,230,000 of bonds. The debt payments for the bonds will be made over 15 years from the debt service fund using assessments and tax levy as the sources of funds. Mr. Reid introduced Nick Anhut of Ehlers & Associates. Mr. Anhut distributed the bond sale report, with the report providing the City a rating of "AA - ". Mr. Anhut explained that six bidders entertained a bid with the low bidder being Baird out of Milwaukee, Wisconsin. The true interest cost is 2.6443 %. Due to a reoffering premium, discount allowance and lower cost of issuance, the City will see $70,309 in net proceeds. The closing date is set for September 5, 2013. Motion by Arndt, second by Forcier, to approve awarding bond sale for GO Improvement Bonds, Series 2013A, approving Resolution No. 14180. Motion carried unanimously. Kent Exner noted that all projects have gone very well and are either completed or are on schedule. General discussion was held regarding the South Grade Road bridge project. 12. GOVERNANCE (PuJpose: to assesspast organizationalpeiformance, developpolicy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 24, 2013 (b) FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2013 (c) CITY OF HUTCHINSON WEED NOTICES REPORT FOR JULY 2013 Council Member Arndt noted that the weeds between the ponds at Harmony River are overrun and need to be addressed. Gary Forcier — Council Member Forcier asked about the spray application that was put down on 2nd Avenue east of Arch Street. Kent Exner, City Engineer, explained that the City is applying a soy - based product that acts as an oil sealer that penetrates the blacktop about an inch and hardens the surface of the payment allowing the oil to remain in the bituminous. This process has been used on streets throughout the city and provides a great cost - benefit. 0 CITY C'OUNC'IL MINUTES A UGUST 13, 2013 Council Member Forcier also noted that he has been asked if the pool can stay open until school starts. Mayor Cook asked that Marc Sebora look into this with staff. Kent Exner — Mr. Exner noted trunk highway construction projects in the area: Hwy 15 South south of the new roundabout is under construction. This project will be completed early September. Trunk Hwy 5 near Norwood Young America is under construction until late September. Hwy 7 is now detoured at County Road 11 at Victoria. Mr. Exner also noted that at the last Resource Allocation Committee meeting staff brought forth three proposals to address studies to conduct an origin and destination study as identified in the City's transportation plan. Amount of traffic, types of traffic and other dynamics would be part of this study. Turning movements will also be reviewed, along with surveys of businesses. The proposed cost of the study is $37,000 with funding available from planning dollars. Another proposal was a feasibility study of improvements from 2nd Avenue North to 5th Avenue South along Hwy 15 /Main Street. The study amount is not to exceed $39,000 to be funded with planning dollars. The third proposal was for a study of the 2nd Avenue SE bridge, mainly the structural steel of the bridge. The bridge was built in the 1960s. The study is not to exceed $3800 again from planning dollars. Mr. Exner noted that the cost of each of these studies falls under the expenditure authorization of the city administrator and therefore do not need approval of the Council, however they were brought forth to the Council for the Council's awareness. Council Member Forcier asked the newspaper to publish an educational piece on the proper use of roundabouts now that the City has another new roundabout. Mayor Cook noted that the Veterans group has informed him that they will be acquiring a helicopter which will then be placed in Veterans Memorial Park near the end of September or early October. Mayor Cook also asked that staff get in touch with the hospital in reference to the shrubs on the north side of the Event Center which is now a major site line. In addition, the annual recognition event will be scheduled at the next meeting. 13. MISCELLANEOUS 14. ADJOURN Motion by Arndt, second by Cook, to adjourn at 7:15 p.m. Motion carried unanimously. 7