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06-10-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JUNE 10, 2014 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Gary Forcier, Bill Arndt and Chad Czmowski. Others present were Marc Sebora, Interim City Administrator, Kent Exner, City Engineer and Jody Winters, Attorney. 2. INVOCATION — Pastor Kevin Oster, Our Savior's Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Chief Dan Hatten recognized Sgt. Eric Kilian as the officer of the year as voted by the Minnesota Peace Officers Association. This is in recognition of an incident that occurred on October 25, 2013. Council Member Arndt recognized Emmett McCormick who has developed the former Burns Manor site into beautiful green space. Mayor Cook noted that the City's Controller, Andy Reid, received a certificate of achievement in excellence of financial reporting by the Governance Finance Officers' Association for the City's comprehensive financial report. This is in recognition of the work completed by the finance department. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MAY 27, 2014 Motion by Arndt, second by Christensen, to approve minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14288 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY (FUEL TANK) 2. RESOLUTION NO. 14289 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (MCDONALD' S MOBILE HOME PARK, 566 BLUFF STREET NE — KIDS INC AND 991 ECHO DRIVE SE — VILLAGE ESTATES APARTMENT BUILDINGS) 3. ORDINANCE NO. 14 -724 - AN ORDINANCE APPROVING REVISIONS TO SECTIONS 5.02 AND 5.03 OF HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 14 -0728 - AN ORDINANCE REPEALING ORDINANCE NO. 14 -0720 — AMENDING CITY CHARTER TO INCREASE MAYORAL TERMS (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES JUNE 10, 2014 5. ORDINANCE NO. 14 -0729 — AN ORDINANCE AMENDING SECTIONS 154.085 THROUGH 154.099 OF THE HUTCHINSON CITY CODE — FLOOD PLAIN ORDINANCE (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO PHILLIP WESTBY OF THE COUNTRY STOP — LOCATION CHANGE (c) CONSIDERATION FOR APPROVAL OF SALE OF 2004 BOBCAT A300 SKIDLOADER (d) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PEDDLER PERMIT TO GERALD JOHNSON ON JUNE 15, 2014 (e) CONSIDERATION FOR APPROVAL OF RECREATION CENTER GYMNASIUM ROOFTOP HEATING UNIT REPLACEMENT (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Czmowski, second by Forcier, to approve consent agenda. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) 2014 PAVEMENT MANAGEMENT PROGRAM PROJECT (LETTING NO. 3, PROJECT NO. 14 -03) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that two other improvement projects are occurring this year, those being Jefferson Street and Lynn Road. When those projects were bid out, both of which were state aid routes, additional bonding dollars became available for other improvements. The proposed project includes Dales Street SW from Century Avenue SW to CSAH 7, Hwy 15 Service Road from Echo Drive to Hutchinson Health, Freemont Avenue from Hwy 15 to East Termini, Lynn Road SW from Clinton Avenue SW to South Grade Road SW and Michael Court NW and potentially other roadways. The project is mill and overlay with no infrastructure replacement. The project is anticipated to start in late August or early September of 2014. Mr. Exner reviewed how assessments were arrived at. Total project cost is estimated at $796,500. Mr. Exner explained how assessments would be applied to two large agricultural parcels that are on Dale Street, which is essentially a 20 -year deferred assessment or until the property is developed. Bob Beeler, 903 Hwy 15 South Service Road, asked the details of the project. Mr. Exner explained that some curbs will be replaced along with new mill and overlay. Typically the work in front of specific sections is complete in three weeks. Access will remain open to the businesses during the project. Robert Hantge, 899 Hwy 15 South Service Road, presented before the Council. Mr. Hantge asked how it is arrived at that certain roads need to be completed in certain years, for example the Hwy 15 frontage road this year. Mr. Exner explained that a pavement management program is maintained each year and this road, along with the others identified, have arrived at the top of the list. Mr. Hantge expressed that he felt there are worse roads that need to be reconstructed. Mr. Exner noted that those roads that are in worse condition remain as they are to be grouped separately for larger more comprehensive projects. Mr. Hantge noted his property is on the corner of Echo Drive and the Hwy 15 frontage road. Mr. Hantge raised concerns in that a project was completed on Echo Drive in 2005, which he is still paying off and now another project is being considered so soon on the frontage of his property. Mr. Hantge's estimated assessment amount is approximately $12,000. If another corner credit was applied to the property, such as was applied to his property on the Echo Drive project, a $5000 credit would be seen. Mr. Hantge asked that the project be pushed back until his assessments on Echo Drive are paid off, or some other alternative is considered. Mr. Exner suggested that the Echo Drive assessment be studied and alternatives considered and reviewed. Mr. 2 CITY COUNCIL MINUTES JUNE 10, 2014 Exner and staff will work with Mr. Hantge on various possibilities to address this. Council Member Forcier and Council Member Czmowski suggested deferring the assessments on the frontage road until the assessments on Echo Drive are paid in full. General discussion was held regarding the condition of the Hwy 15 frontage road. Council Member Forcier suggested perhaps starting the project further south and not include Mr. Hantge's property. Terry Wendorff, property owner of one of the agriculture parcels on Dale Street, presented before the Council. Mr. Wendorff noted he objects to the project on Dale Street. Mr. Wendorff explained that a street project is a hardship to him as he has no benefit and as an agricultural land owner, he does not need a road, but rather simply a field approach. Mr. Wendorff questioned the value of the project to the citizens of Hutchinson. He asked if other maintenance alternatives could be considered. Motion by Forcier, second by Czmowski, to close public hearing. Motion carried unanimously. It was noted that after bids are received, bids do not necessarily need to be accepted and the project scope could be altered. Mr. Exner explained that he will be reviewing Mr. Hantge's assessments and the assessment policy to see if alternatives can be considered. However in regard to Mr. Wendorff's concerns, alterations to the roadway most likely will not be considered, and Mr. Exner believes that the approach to the agriculture parcels is fair — deferring for 20 years or when the property is developed. Motion by Arndt, second by Christensen, to approve 2014 pavement management program project — approving plans and specifications and advertising for bids. Motion carried unanimously. More information will be put out to property owners after bids are received. 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) UPDATE ON 35th YEAR TREE CITY USA CELEBRATION Kirsten Taggert of the City Forestry Department presented before the Council. Ms. Taggert provided information to the Council on an event being held on June 16, 2014. From 6:30 — 8:00 p.m. in Library Square a Tree City USA celebration is being held. Tree City USA is a nationally - recognized program from the Arbor Day Foundation. A Tree City USA city must maintain four criteria to keep the designation: have a Tree Board; have an annual Arbor Day observance and proclamation; spend at least $2 /capita on urban forestry and maintain a tree care ordinance. The City of Hutchinson has maintained the Tree City USA designation for the past 3 5 years. Ms. Taggert reviewed some of the activities that will be held at the celebration. (b) UPDATE ON POLICE MEMORIAL PARK Chief Dan Hatten provided an update on the law enforcement park and the development of it. Components of the park include green space, memorial and portal, flagpoles, and a gazebo /shelter. The design and aspects of the park have been reviewed by the Public Arts Commission, as well as by the artist that is creating the memorial. The City Council noted they could allocate money for the flagpoles. Motion by Christensen, second by Arndt, to approve purchase and installation of flagpoles for the law enforcement park, as well approve the installation of a gazebo as part of the park plan and design. Andy Reid, Controller, will bring back a recommendation to the Council on the funding source ofthe flagpoles. Motion carried unanimously. (c) DISCUSSION OF MCLEOD COUNTY FEEDLOT ORDINANCE Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that the purpose of this discussion is to allow the Council an opportunity to provide comment on the proposed amendments to the feedlot section of the Hutchinson Joint Planning area that will be considered at a public hearing next week. Mr. Jochum noted that a feedlot committee is proposing that no new feedlots be permitted within ' /z mile from the City's municipal boundary. Any current feedlots within CITY COUNCIL MINUTES JUNE 10, 2014 '/z mile may remain as long as they are currently permitted. The ordinance also proposes that any new feedlot or expansion of an existing permitted feedlot that is located within ' /z or more from the City and within the Joint Planning Area will require a conditional use permit and McLeod County Feedlot Permit to house a maximum of 399 animal units. In addition, no new feedlots shall exceed 399 animal units. Council Member Arndt commented that it is most likely that no new feedlots will be within the ' /z mile of the City of Hutchinson. Mayor Cook also expressed that he feels variance requests should be taken seriously and be limited to protect both feedlot and residential properties. Mr. Jochum commented that a lot of protections are put into place for the City within the proposed ordinance. Mr. Jochum also noted that he does not see many new feedlots coming in to the area. Mr. Jochum reviewed the Council's comments, which include making sure variance criteria is adhered to, making sure the feedlot is active and in existence and starting with a specific date. The Council also commented that they appreciate the opportunity to provide feedback on the proposed ordinance. 10. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ITEMS FOR BICYCLE FRIENDLY ROUTE IMPROVEMENTS PROJECT (LETTING NO. 10, PROJECT NO. 14 -10) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this item was considered at the last Council meeting and tabled, however the discussion before the Council this evening has expanded some from the last consideration. Mr. Exner explained that the bicycle friendly route improvements include using secondary streets as bike routes and connectivity to other bicycle lanes. Mr. Exner shared information from the City's transportation plan, which included signage options indicating "Share the Road" and "Bicycle Friendly" and striping options that paint out bike areas. The cost of the proposed project is estimated at $108,900. Council Member Czmowski commented that the pavement markings are much more identifiable than signage that can get lost amongst other signs. Marc Sebora, Interim City Administrator, explained that, as part of the bicycle friendly community application, a committee should be established. In addition, a representative from Bicycle Alliance of Minnesota will be in attendance at the next Council meeting to provide updates on the application process. Community improvement funds can be utilized for this project as opposed to bonding dollars which was considered previously. A public hearing can still be held to bring awareness to the project. It was suggested to hold the public hearing at the next Council meeting, especially with the Bicycle Alliance of Minnesota being in attendance. Resolution No. 14286 will need to be revised to change the public hearing date. The publication notice will be revised as well. Motion by Forcier, second by Cook, to set June 24, 2014, as public hearing to review and discuss bicycle friendly community project. Motion carried unanimously. Mayor Cook suggested that a diagram be presented on where potential bicycle racks can be placed in the downtown area. Kent Exner noted that staff has reviewed styles of bicycle racks that can be presented, as well as the type of installation of the bicycle racks. Mayor Cook also suggested that at the next meeting a bicycle advisory group can be discussed. Motion by Christensen, second by Cook, to approve Resolution No. 14285, ordering preparation of report on improvement for the bicycle friendly route improvements project. Motion carried unanimously. Dolf Moon, PRCE Director, presented before the Council. Mr. Moon explained that the Park Supervisor, Sara Witte, has expressed interest in serving as a bicycle coordinator and incorporating those types of duties into her job description. These duties will meet the criteria of the bicycle friendly certification. 11 CITY COUNCIL MINUTES JUNE 10, 2014 Formal action will be taken on designating the Parks Supervisor as the bicycle coordinator at the next Council meeting. 11. NEW BUSINESS (a) CONSIDERATION OF ISSUING TAXICAB LICENSE TO NANCY ANGERHOFER Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that he had spoken with the applicant last week regarding her license application. The police chief has recommended denying the application. The applicant would like to submit information to provide more information to the Council. The applicant has not had an opportunity to provide the information to date, therefore Mr. Sebora asked that the item be tabled to allow the applicant more time. Motion by Czmowski, second by Forcier, to table this item to June 24, 2014. Motion carried unanimously. (b) DISCUSSION OF REQUEST FOR PROPOSALS RECEIVED FOR CITY ADMINISTRATOR RECRUITING PROCESS Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that the City advertised for proposals for recruitment services to complete the recruiting process for the City Administrator position. Three proposals were received and reviewed. Based on the prices for the services rendered, along with city administrator recruiting experience, the Council felt that Springsted fit the City's needs the best. The maximum of $19,300 was included in the proposal. Motion by Czmowski, second by Forcier, to approve engaging the services of Springsted for City Administrator recruiting process. Springsted included a guarantee that if the candidate does not work for the City, Springsted will assist the city free of charge for a second administrator search. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF RE- SETTING AUGUST 12, 2014, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that state law prohibits any public meetings from occurring between the hours of 6:00 -8:00 p.m. on election day. Motion by Arndt, second by Forcier, to re -set City Council meeting to 4:00 p.m. on August 12, 2014. Motion carried unanimously. 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2014 (b) CITY OF HUTCHINSON WEED NOTICES REPORT FOR MAY 2014 CITY COUNCIL MINUTES JUNE 10, 2014 (c) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM MAY 6, 2014 13. MISCELLANEOUS Andy Reid — Andy Reid, Controller, presented before the Council. Mr. Reid asked that the Council set a workshop to review the audit report as prepared by the City's auditing firm. A review will then be provided at a Council meeting as well. Motion by Forcier, second by Cook, to set Council workshop for July 22, 2014, at 4:30 p.m. to review audit report. Motion carried unanimously. Mr. Reid also requested a workshop be set for July 8, 2014, to review the preliminary 2015 budget. Motion by Christensen, second by Cook, to set July 8, 2014, at 4:00 p.m. to review preliminary 2015 budget. Motion carried unanimously. Gary Forcier — Council Member Forcier noted that he has been working on a project for the Fairgrounds and signage issues. Council Member Forcier stated that Emmett McCormick has agreed to allow the placement of a Fairgrounds directional sign on top of his sign at his restaurant which is located near the Fairgrounds. A concept will come before the Council for their approval. Kent Exner — Mr. Exner stated that a Hwy 15/Main Street study open house has been scheduled for June 17, 2014, at 7:00 p.m. in the Council Chambers. Motion by Arndt, second by Christensen, to set June 17, 2014, at 7:00 p.m. as public meeting for Hwy 15/Main Street open house. Motion carried unanimously. Kent Exner and Dolf Moon also provided an update on the HUC generator plant project. Mainly, city staff has been working on a landscaping project on the trail spur replacement after the new Main Street bridge was put in. Additional tree plantings and shrubbery will also be installed. Steve Cook — Mayor Cook noted that there is interest in a local brewery and a taproom. Mayor Cook noted that local ordinances will need to be revised to accommodate this. Staff will have some proposals at the next meeting. 14. ADJOURN Motion by Arndt, second by Cook, to adjourn at 8:00 p.m. Motion carried unanimously. Steven W. Cook Mayor I ATTEST: Marc A. Sebora Interim City Administrator