Loading...
02-09-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, FEBRUARY 9, 2016 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, inputfrom 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 Chad Czmowski, Bill Arndt, Mary Christensen and John Lofdahl. Others present 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 Motion by Czmowski, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Faith Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Arndt spoke about Winter Fest, Kiwanis Club providing hot chocolate at Rocket Hill and the VFW Commander being in town recently. PUBLIC COMMENTS (This is an opportunity for members of the public to address the City Council on items not on the current agenda. If you 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 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 6. APPROVAL OF MINUTES (a) Regular Meeting of January 26, 2016 Motion by Lofdahl, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 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 of Issuing Short -Term Gambling License to 3M Club on March 31, 2016 (b) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Rotary Foundation on April 15, 2016 (c) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Habitat for Humanity on May 13, 2016 (d) Consideration for Approval of Change Order No. 1 — Letting No. 13, Project No. 15-13 CITY COUNCIL MINUTES FEBRUARY 9, 2016 (Wastewater Treatment Facility Forcemain Bypass Improvements) (e) Consideration for Approval of Resolution No. 14527 — Resolution Adopting Revised Assessment for SA5079A (f) Claims, Appropriations and Contract Payments — Register A Item 7(f) was pulled for separate discussion Motion by Czmowski, second by Christensen, to approve Consent Agenda II with the exception of Item 7(f). Motion carried unanimously. Council Member Lofdahl noted that there are a couple of large payments on the register that he wanted to note. These include $199,000 on a reconstruction project and another payment is for $86,000 for the pool project. Motion by Lofdahl, second by Christensen, to approve Item 7(f). Motion carried unanimously 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Arndt, second by Lofdahl, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. Mayor Forcier moved Item 12 to follow the consent agenda. 12. FIRE DEPARTMENT 2015 YEAR END REPORT Chief Mike Schumann presented before the Council. Chief Schumann provided an overview of fire department highlights in 2015. The topics included goals/objectives, officers/roster, operational data, training, and equipment. The department's annual report is on the fire department's web site. Chief Schumann provided additional general information on the fire department. PUBLIC HEARINGS (6:00 P.M.) 9. 2016 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT (LETTING NO. 1, PROJECT NO. 16-01) (a) Approve/Deny Resolution No. 14523 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Approve/Deny Resolution No. 14524 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a neighborhood meeting was held February 8, 2016, and approximately two dozen properties were represented. This project includes pavement reconstruction/rehabilitation measures on segments of Linden Avenue, Madson Avenue, Milwaukee Avenue, Church Street, West Shore Drive and Grove Street. If the project is approved, it is anticipated to start in late spring/early summer of 2016. Mr. Exner spoke about specific streets, such as narrowing Madson Avenue and Linden Avenue and widening Grove Street. Council Member Arndt commented that the angle of the pavement markings on Grove Street should be angled better to allow the school buses better mobility in and out. Mr. Exner explained alternate bids for Grove Street and West Shore Drive. The estimated project cost is $3,599,000 with $700,000 coming from assessments. Mr. Exner reviewed briefly the City's assessment policy. Mr. Exner spoke of a geogrid method in reclaiming the streets. Mr. Exner reviewed the assessment rates that were assessed to Lynn Road two years ago. The rear yards of properties on the Grove Street project are on Lynn Road. The Grove Street assessments are more than double the Lynn Road rates. Staff is proposing to assess the Lynn Road rates to the Grove Street properties, in essence applying a corner credit to these properties. 2 CITY COUNCIL MINUTES FEBRUARY 9, 2016 The public hearing was opened at 6:27 p.m Nan Crary, 46 Grove Street, presented before the Council. Ms. Crary noted that no seal coating or crack filling has been done in the last 20 years on Grove Street. She noted only patching has been done. Ms. Crary expressed that she feels the street does in fact need to be reclaimed and she looks forward to it being maintained regularly in the future. Ms. Crary also expressed that the Grove Street property owners all mainly use Lynn Road and the school district uses Grove Street as a parking lot twice a day to pick up students. Ms. Crary was in favor of the Lynn Road assessments being applied. Sandy McCormick, 120 Grove Street, presented before the Council. Ms. McCormick has concerns about the parking situation on Grove Street, especially in the winter with snow removal. Ms. McCormick noted that no one from the city or school district has ever contacted the property owners to see what concerns they may have. Ms. McCormick also raised concerns with the use of North and South Park. Ms. McCormick read from a vacation that was granted several years ago. Ms. McCormick questioned the details of the project. Bridget Peller, 26 Grove Street, presented before the Council. Ms. Peller noted that she is in favor of being assessed the lower Lynn Road assessment, however she questions the assessments on Grove Street and how they are not the same as Lynn Road. Ms. Peller feels that the school district has caused the majority of the deconstruction of the roadway. Ms. Peller's proposal is to leave the sidewalks as they are and not widen them. Motion by Czmowski, second by Lofdahl, to close public hearing at 6:42 p.m. Motion carried unanimously. Mr. Exner noted that the main function of the Grove Street project is to make it mobility -friendly in today's functionality, with school buses loading/unloading, parking on the west side and having traffic flow through all at the same time. Mr. Exner noted that the street improvement could be pushed off a few years and have the street be minimally maintained until it is reclaimed. Council Member Arndt noted that he does not feel that the street has to be wider nor does a sidewalk have to be wider. The more important aspect is the angle of the bus parking for loading/unloading school children. Ms. McCormick informed the Council that there are legal issues with widening the street and widening the sidewalk. She also has concerns with the property owners not being consulted, nor the bus drivers being consulted, about this project. Matt Jaunich, City Administrator, noted that there are two resolutions before the Council for consideration. Mr. Jaunich noted that the Council could propose changes to the plans and specifications. Mr. Exner reminded the Council that staff relies on the expertise of the school district as far as the bus parking for loading/unloading. Council Member Arndt expressed that he feels Grove Street should be reconstructed, but he does not feel it should be widened nor should trees be removed. Grove Street would be bid as an alternate. Exner noted that he will research the possibility of decreasing the widening of Grove Street and will report back to Council. Motion by Arndt, second by Lofdahl, to approve Resolution Nos. 14523 and 14524, however staff should look at alternatives on Grove Street and the width of the street. Motion carried unanimously. 10. 2016 STREET SEAL COATING PROJECT (LETTING NO. 3, PROJECT NO. 16-03)) (a) Approve/Deny Resolution No. 14525 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Approve/Deny Resolution No. 14526 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that multiple city street segments have been identified to be included in the 2016 street seal coating project. The project includes street surface seal coat applications by construction of bituminous material, CITY COUNCIL MINUTES FEBRUARY 9, 2016 aggregate and fog seal material. No assessments are on this project. Construction is anticipated to begin June 20, 2016, with a completion date of August 9, 2016. The public hearing was opened at 7:10 p.m. Motion by Arndt, second by Lofdahl, to close public hearing at 7:10 p.m. Motion carried unanimously. Motion by Christensen, second by Arndt, to approve Resolution Nos. 14525 and 14526. Motion carried unanimously. 11. CITY OF HUTCHINSON LOCAL SURFACE WATER MANAGEMENT PLAN John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that city staff has been utilizing the Stormwater Management Plan for Portions of the City of Hutchinson as a guide for storm water planning purposes. Numerous regulatory and technical changes have occurred related to municipal storm water. In 2007 the City of Hutchinson became a regulated Municipal Separate Storm Sewer System owner and is required to implement a variety of storm water best management practices ranging from public education to scheduled infrastructure inspections. The Local Surface Water Management Plan is a comprehensive collection of the various applicable regulations, local water resources, regulatory agencies, storm water system issues assessment and implementation plan. The Plan is a one stop guide for City storm water requirements. The Plan also serves as a planning tool used to identify routine ongoing storm water program implementation costs as well as capital improvements needed to address issues with water quality and water quantity throughout the City. The City's Resource Allocation Committee has briefly reviewed the Plan as well. Mr. Paulson highlighted items of the plan. Public hearing was opened at 7:21 p.m. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook questioned an item in Section 4.5(B). He asked about money being allocated for sediment in Otter Lake. Mr. Cook thought perhaps the sediment could possibly be used at Creekside if it is clean enough. Mr. Paulson noted that will be reviewed in soil analysis. General discussion was held regarding sediment cores and finding native bottoms. Motion by Lofdahl, second by Christensen, to close public hearing at 7:26 p.m. 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 communications from other entities) 13. CREEKSIDE 2015 YEAR END REPORT Andy Kosek, Creekside Manager, presented before the Council. Mr. Kosek reviewed information such as source separated organics tonnages received in and raw material tonnages coming in. Mr. Kosek also reviewed the low volume model that the facility is implementing in 2016. Mr. Kosek also reviewed the facility's sales coverage area, as well as trends and challenges. Mr. Kosek also reviewed budget comparisons in the refuse and compost funds. Council Member Arndt asked about fill from road projects. Kent Exner noted that the top soil is what is best for Creekside — a nice, clean product. That doesn't always come from road projects, but more from ponding projects. It is the City's discretion as to where the loads are taken. Mayor Forcier moved Item 16 after the Creekside annual report. 16. APPROVE/DENY ORDINANCE NO. 16-753 — AN ORDINANCE AUTHORIZING THE SALE OF PUBLIC PROPERTY TO TITANIUM PARTNERS LLC (First reading, Set second reading and consideration of adoption for February 23, 2016) 11 CITY COUNCIL MINUTES FEBRUARY 9, 2016 Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the City has been approached by a developer that would like to bring a new hotel to the community at the northeast corner of Hwy 7 and Hwy 15. The developer is proposing a mid-level hotel, similar in nature to the AmericInn. Mr. Seppelt explained that the proposed property is zoned appropriately and has the highest and best use. Mr. Seppelt provided benefits to the project, such as reduced city maintenance costs on the current vacant lots, gas & electric sales for WC, water/sanitary sewer sales, job creation, drawing more people to downtown, additional lodging options and the project will use local contractors when possible. The developer would like to expedite the project with groundbreaking in May and opening this Fall. EDA staff is proposing to sell the property for $1.00. The return on the investment is the annual taxes generated times the life of the hotel generating total taxes of $4.6 million. Mr. Seppelt noted that this is the first inquiry on the property since it went up for sale nine years ago. Deb Johnson, 440 Rose Lane, presented before the Council. Ms. Johnson stated that she moved to her property eight years ago and does not want to live behind a hotel. Mr. Seppelt spoke about the required setbacks and screenings the hotel property will need to comply with. Ms. Johnson has concerns with where the parking lot will be located. Kyle Felber, 450 Rose Lane, presented before the Council. Mr. Felber suggested the developer look at the northwest corner of the intersection. Mr. Felber asked about the screening requirements. Marc Sebora, City Attorney, noted that city ordinance requires screening between commercial and residential neighborhoods. The Council encouraged Mr. Felber to provide his feedback at the Planning Commission meeting where a public hearing will be held. Mindy Anderson, 455 Rose Lane, presented before the Council. Ms. Anderson asked if there are requirements that the developer will have to meet to keep the city looking nice. Ms. Anderson also asked if they would have to develop a pond because the project is so close to the river. Mr. Seppelt explained that when Hwy 7 was reconstructed several ponds were constructed so the developer would only have to construct a pond if they cover more than 40% of the impervious surface. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook asked about the reversionary language in the purchase agreement. Mr. Cook noted that the developer has proposed 54 units and he asked what if they only construct a 30 unit property. The agreement notes that a mid-level structure is being developed and will be up to the developer and what the site can accommodate. It was also noted that there is language in the agreement that if the developer does not have a certificate of occupancy by October 2017, the property will revert to the City. Motion by Lofdahl, second by Christensen, to approve first reading of Ordinance No. 16-753. Motion carried unanimously. The Council recessed at 8:15 p.m. The Council reconvened at 8:22 p.m. 5 CITY COUNCIL MINUTES FEBRUARY 9, 2016 14. UPDATE BY STEVE COOK ON FOUNDERS' PARK AND SIGNAGE GRANT Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook informed the Council that he has researched various grants for signage and a founder's park. He has found a national grant available for placemaking. The EDA and Heart of Hutch have agreed to be the applicant for the grant. The grant encourages cities to incorporate arts and culture into their community development. The initial grant application is due March 2, 2016. Finalists will be notified the end of May. Mr. Cook noted this is a very competitive grant. UNFINISHED BUSINESS 15. CONSIDERATION OF ORDINANCE NO. 15-749 — AN ORDINANCE APPROVING REVISIONS TO SECTIONS OF THE HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (First Reading and Consideration of Adoption) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora provided background on what the Council has discussed thus far. The amendments were initially presented to the Council on January 12, 2016. Because a full Council was not present at the January 26, 2016, Council meeting, the ordinance is before the Council this evening as a first reading. Council Member Lofdahl noted he would like no changes made to Section 2.09 and leave it as written. He suggested that the proposed ordinance be returned to the Charter Commission requesting that Section 2.09 be removed. He is fine with all other suggested changes. Motion by Lofdahl, second by Czmowski, to deny Ordinance No. 15-749. Discussion was held regarding the topic of four-year mayoral terms. Council Member Lofdahl suggested putting the four- year mayoral term on the ballot in November for the voters to vote on. Council Member Lfodahl requested that an ordinance be drafted for the next Council meeting for four-year mayoral terms. Roll call vote was taken: Christensen — aye; Lofdahl — aye; Arndt — nay; Czmowski — aye; Forcier — nay. Motion carried 3 to 2. 17. APPROVE/DENY ORDINANCE NO. 16-750 — AN ORDINANCE AMENDING CHAPTER 154 OF THE ZONING CODE — MICRO -DISTILLERY COCKTAIL ROOMS (Second Reading and Consideration of Adoption) Matt Jaunich, City Administrator, noted there have been no changes to the ordinance since the first reading. Motion by Czmowski, second by Lofdahl, to approve Ordinance No. 16-750. Motion carried unanimously. 18. APPROVE/DENY ORDINANCE NO. 16-751 — AN ORDINANCE AMENDING CHAPTER 154 OF THE ZONING CODE - ACCESSORY STRUCTURES (Second Reading and Consideration of Adoption) Matt Jaunich, City Administrator, noted there have been no changes to the ordinance since the first reading. Motion by Arndt, second by Czmowski, to approve Ordinance No. 16-751. Council Member Lofdahl commented that he is not in favor of 2000 square feet garages in city limits. He likes the changes regarding how things are sized and not having to follow a conditional use permit process. Roll call vote was taken: Christensen — aye; Lofdahl — nay; Arndt — aye; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. 19. APPROVE/DENY ORDINANCE NO. 16-752 — AN ORDINANCE AUTHORIZING THE SALE OF PUBLIC PROPERTY TO MACH1 PROPERTIES LLC (Second Reading and Consideration of Adoption) Matt Jaunich, City Administrator, noted there have been no changes to the ordinance since the first 21 CITY COUNCIL MINUTES FEBRUARY 9, 2016 reading. Motion by Arndt, second by Lofdahl, to approve Ordinance No. 16-752. Motion carried unanimously. NEW BUSINESS 20. APPROVE/DENY RESOLUTION NO. 14522 - RESOLUTION APPROVING THE FILING OF A PETITION TO REQUEST AMENDMENT TO THE MPCA RIVERINE STANDARDS John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the Coalition of Greater Minnesota Cities and Minnesota Environmental Science and Economic Review Board authorized the filing of a petition for rulemaking with the Minnesota Pollution Control Agency seeking to have the MPCA amend its newly adopted riverine standards based upon the post - rulemaking identification of new evidence, which demonstrates such rules have relied upon two factors flux and the five-day biochemical oxygen demand for purposes of identifying nutrient impairment not accepted by the scientific community or the US EPA for use for such purposes. The current MPCA riverine standards rule is significantly flawed and CGMC and MESERB desire to present such information to the MPCA in the form of a petition for rule amendments so that the MPCA can take the appropriate steps necessary to correct the rule. The City has been requested by the CGMC and MESERB to petition the MPCA to amend its Riverine Eutrophication Standards due to the standards not being based on sound science. Motion by Lofdahl, second by Christensen, to approve Resolution No. 14522. Motion carried unanimously. 21. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR FEBRUARY 23, 2016, AT 4:00 P.M. TO DISCUSS PROPOSED HUTCHINSON ENTERPRISE CENTER WITH THE ECONOMIC DEVELOPMENT AUTHORITY Matt Jaunich explained that this workshop is to discuss the business incubator project. Motion by Czmowski, second by Christensen, to set Council workshop for February 23, 2016, at 4:00 p.m. Motion carried unanimously. 22. APPROVE/DENY SETTING BOARD OF APPEAL AND EQUALIZATION FOR APRIL 20, 2016, AT 5:30 P.M. Motion by Lofdahl, second by Czmowski, to set Board of Appeal and Equalization for April 20, 2016, at 5:30 p.m. Motion carried unanimously. 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) 23. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Library Board Minutes from December 28, 2015 (b) Snow Removal — Ice Control Report for January 2016 MISCELLANEOUS 7 CITY COUNCIL MINUTES FEBRUARY 9, 2016 24. STAFF UPDATES Kent Exner — Mr. Exner noted that the Water Tower bids will be received next week. Matt Jaunich — Mr. Jaunich noted that city offices will be closed next Monday for Presidents' Day. He also informed the Council that they should have received an invitation from the CGMC regarding Legislative Action Day. Mr. Jaunich mentioned that the City will be holding legislative forum on February 29, 2016, at 1:30 p.m. Lastly, Mr. Jaunich noted that upgrades are being made to the Council Chambers. 25. COUNCIL/MAYOR UPDATE Bill Arndt — Council Member Arndt stated that Region 6E will consider a Resolution in support of Hwy 212 Corridor if the City forwards one to them to consider. Steve Cook — Mr. Cook asked about Grove Street project. Mr. Cook spoke about the restriction on park use, however he realizes that parking lots and sidewalks are part of parks but this project is not for park use. He strongly encouraged that the angle parking be looked at again instead of the street being widened. Mr. Cook also clarified Arndt's and Forcier's vote on the proposed ordinance for the Charter amendments. Council Member Lofdahl clarified that his motion was simply to deny the ordinance, however it got confusing because the Council then began discussing four-year mayoral terms. So the vote was not on four-year mayoral terms, but rather only on denying the ordinance. Mayor Forcier noted that it is his desire to listen to the boards and commissions that provide comments/suggestions to the Council. When asked by Cook if he was okay with overturning a public vote, since Section 2.09 was voted on by the people in 2000, Forcier indicated yes. General discussion was held about Section 2.09 of the City Charter. ADJOURNMENT Motion by Arndt, second Lofdahl, to adjourn at 9:05 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator