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06-14-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 14, 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 Pro Tem Chad Czmowski called the meeting to order. Members present were Mary Christensen, Bill Arndt and John Lofdahl. Member absent was Gary Forcier. 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 Lofdahl, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 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 May 24, 2016 (b) Council Workshop of May 24, 2016 Motion by Christensen, second by Czmowski, 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 Riverside Church Event on June 22, 2016 (b) Consideration for Approval of Agreements with Independent School District 423 i. Grounds Maintenance ii. Use of Facilities iii. Park Elementary Lease CITY COUNCIL MINUTES JUNE 14, 2016 (c) Consideration for Approval of Resolution No. 14571 — A Resolution to Sell at Auction Surplus Police Department Property (d) Consideration for Approval of Improvement Project Change Order No. 3 - Letting No. 1, Project No. 16-01 (2016 Pavement Management Program) (e) Consideration for Approval of Setting Public Hearing Date to Consider Comments and Input on the City of Hutchinson Storm Water Pollution Prevention Plan (f) Consideration for Approval of Purchase of Bobcat Toolcat within Wastewater Department (g) Consideration for Approval of Issuing Temporary Liquor License to RiverSong Music Festival on July 15 & 16, 2016 (h) Consideration for Approval of Issuing Temporary Liquor License to Sustainable Farming Association for Minnesota Garlic Festival on August 13, 2016 (i) Consideration for Approval of Term Sheet with Highfield Apartments of Hutchinson, LLC (j) Claims, Appropriations and Contract Payments Item 70) was pulled for separate action. Motion by Arndt, second by Christensen, to approve consent agenda with the exception of Item 70). Motion carried unanimously. Item 70) — Council Member Lofdahl noted that deductible payments had been made to the LMCIT for incidents that had occurred in 2012. They are two payments of $25,000 each. These most likely were unbudgeted items for 2016 in which the City had to use funds from the general fund to pay out. Council Member Arndt asked who the City buys its fuel from. Kent Exner, City Engineer, noted he was not completely sure but is on a contracted basis and can be complicated since three entities at HATS are involved with the purchase of it. Exner noted he will have the public works manager look into it and get back to Council Member Arndt. Motion by Arndt, second by Christensen, to approve Item 70). Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 8. APPROVE/DENY RESOLUTION NO. 14573 — RESOLUTION ADOPTING MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4-17 Public hearing opened at 6:00 p.m. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA is working on establishing a tax increment financing district for the EDA's business incubator project. Mr. Seppelt explained what a tax increment financing district is. The established TIF district will allow the EDA/City to capture any property taxes generated by the facility in order to pay for certain qualifying project costs, such as the parking lot, site work and so forth. Along with the establishment of this TIF District, it is being proposed that the boundaries of TIF District No. 4 be modified. Council Member Lofdahl clarified property tax payments and apportionments. 2 CITY COUNCIL MINUTES JUNE 14, 2016 Motion by Arndt, second by Lofdahl, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to approve Resolution No. 14573. 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) 9. REVIEW OF REVISIONS TO THE CITY OF HUTCHINSON TELECOMMUNICATIONS ORDINANCE AND SETTING PUBLIC HEARING DATE Kent Exner, City Engineer, noted that with the request that came forward from NuTelecom last year to place telecommunications equipment on city facilities, as well as several other requests that have come from various vendors, staff has been looking at revising the City's telecommunications ordinance. John Paulson, Environmental Specialist, then presented before the Council. Mr. Paulson noted that staff has worked with a consultant on revising the ordinance. Some of the revisions include adding definitions to add clarification of terminology to existing and new ordinance language; permit requirements; addressing confidential information; flexibility for City to require screening and various requirements for small cells. Staff is asking that a public hearing and first reading of a draft ordinance be placed on the Council's next agenda. Motion by Lofdahl, second by Christensen, to set public hearing for June 28, 2016, at 6:00 p.m. to review telecommunications ordinance. Motion carried unanimously. UNFINISHED BUSINESS 10. APPROVE/DENY ORDINANCE NO. 16-758 —AN ORDINANCE APPROVING REVISIONS TO SECTIONS OF THE HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Council voted on the first reading of this ordinance at the last Council meeting. The law requires a unanimous approval of all council members, therefore the Council will need to table this item due to the absence of Mayor Forcier. Due to council members' schedules over the next few meetings, the next date to table this item was uncertain and a special meeting may need to be called. Motion by Christensen, second by Arndt, to table Ordinance No. 16-758. Motion carried unanimously. 11. APPROVE/DENY ORDINANCE NO. 16-760 — AN ORDINANCE TO REZONE PROPERTY AT 1550 SHERWOOD STREET SE TO R-2 (MEDIUM DENSITY RESIDENTIAL) FROM R-1 (SINGLE FAMILY RESIDENTIAL) AS REQUESTED BY HAZEL SITZ, PROPERTY OWNER (Second Reading and Adoption) Dan Jochum, Planning Director, noted that the first reading of this ordinance was held at the last Council meeting. This item is to rezone property from R-1 to R-2 to accommodate the construction of twin homes. Council Member Arndt had questions regarding drainage and ponding in the area. Jochum noted that an agreement exists with the plat that notes where the drainage must be directed to. Exner noted that the owner, Hazel Sitz, and her legal counsel had reviewed and executed a drainage agreement associated with the property. CITY COUNCIL MINUTES JUNE 14, 2016 Motion by Arndt, second by Christensen, to approve Ordinance No. 16-760. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY 2016 STATE AMATEUR BASEBALL TOURNAMENT SUPPORT REQUEST Dolf Moon, PRCE Director, presented before the Council. Mr. Moon noted that Hutchinson is co - hosting the 2016 state amateur baseball tournament which begins August 19th and runs for three weekends bringing in approximately 6000 people to the community. Mr. Moon introduced John Arlt from the Hutchinson Huskies board of directors. Mr. Arlt thanked the City for all of the support in renovating the VMF baseball complex. Mr. Arlt noted that winning bids to host a state tournament has high competition. The Huskies board is requesting the City's support with assistance from PRCE, public works, wastewater, police and fire. The Huskies are also requesting use of city -owned equipment and vehicles. Mr. Arlt noted that the Huskies board has met with representatives from each department and the requests have been reviewed and are deemed manageable. Mr. Arlt noted that wife service is an absolute must for the facility and is a requirement by the state board. Mr. Arlt explained that beginning July 17, 2016, members from the state will be in Hutchinson addressing issues that the board will need to address for the tournament. Mr. Arlt also advertised a Night of Baseball that is being held July 8, 2016. The Huskies is hosting Business After Hours and invited the Council and all community members to attend. Council Member Christensen commented that extra mosquito spraying should be done during tournament time. Staff will look into extra passes of spraying perhaps during the weeks of the tournament. Motion by Lofdahl, second by Arndt, to approve support requests for 2016 State Amateur Baseball Tournament. Motion carried unanimously. 13. APPROVE/DENY ISSUING MASSAGE LICENSE TO MARIA HAACK OF MARIA'S HAIR SALON Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that a background check had been completed on the applicant and staff has no objection to issuing her a massage license. Motion by Christensen, second by Lofdahl, to approve issuing massage license to Maria Haack of Maria's Hair Salon. Motion carried unanimously. 14. APPROVE/DENY NON -WAIVER OF TORT LIABILITY LIMITS FOR GENERAL LIABILITY 11 CITY COUNCIL MINUTES JUNE 14, 2016 Matt Jaunich noted this is an annual housekeeping item. Historically the City has not waived tort liability limits because if done it would open the City up for more exposure. Motion by Lofdahl, second by Czmowski, to approve non -waiver of tort liability limits for general liability. Motion carried unanimously. 15. APPROVE/DENY PROJECT AWARD FOR 2016 HUTCHINSON DOWNTOWN SIGNAGE PROJECT — LETTING NO. 8, PROJECT NO. 16-08 a. Resolution No. 14574 - Accepting Bid and Awarding Contract Kent Exner, City Engineer, noted that four bids were received for this project. The low bid came in from Graphic House Inc. in the amount of $92,560.00. The bid was complete and responsive. The design consultant, Hoisington Koegler Group Inc., has reviewed the bid and recommends the award of this project to the low bidder. In addition to the signs themselves, there will be additional landscaping/grading/surfacing/aesthetic costs to prepare and finish the areas surrounding the sign installation areas. These additional costs are estimated to be approximately $25,000. Therefore, staff is recommending that a total project cost of $120,000 be established to fully address these improvements. Staff has identified funding sources that include the community improvement fund, EDA funds and/or contributions from other organizations. Dan Jochum, Planning Director, reviewed the project and various locations of proposed sign installations. Bill Teetzel, 133 Lynn Road, presented before the Council. Mr. Teetzel asked the total price of the signs. Staff noted that the bid came in at $92,560.00. Teetzel asked how many signs this project includes. Staff noted there are 12 large signs and many smaller directional and parking signs. Motion by Lofdahl, second by Christensen, to approve Resolution No. 14574. Motion carried unanimously. 16. APPROVE/DENY RESOLUTION NO. 14572 — RESOLUTION ADOPTING GARBAGE/RECYCLING/COMPOST POLICY Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that staff is proposing to revise the garbage/recycling/compost policy. This is being driven for two reasons. One is to take into account the City Council's desire to allow for a second compost cart for those who would like one. The second reason is to update the policy to make sure that all "unwritten" practices are put to paper. Many practices were identified that were not included in the policy when the City switched hauling contractors last year. The policy was last updated in 1995. The new policy includes language that will allow property owners the option of obtaining a second compost cart for an annual fee of $100. Motion by Christensen, second by Czmowski, to approve Resolution No. 14572. Motion carried unanimously. 17. APPROVE/DENY RESOLUTION NO. 14575 — RESOLUTION AMENDING 2016 FEE SCHEDULE CITY COUNCIL MINUTES JUNE 14, 2016 Matt Jaunich, City Administrator, noted that there are garbage fees being collected that are not included on the fee schedule. These include a delivery fee and sticker costs for extra bags and the extra compost cart that is now an option. In addition, it is being recommended that the notary fee be removed from the fee schedule. City staff has been providing notary services to the general public, however due to the complexity of legal documents that the general public is bringing in for notarization, staff will no longer be providing notary services to the general public. Motion by Lofdahl, second by Czmowski, to approve Resolution No. 14575. 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) 18. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Parks, Recreation Community Education Board Minutes from March and April 2016 MISCELLANEOUS 19. STAFF UPDATES Matt Jaunich — Mr. Jaunich noted that he and Council Member Lofdahl will be at the LMC Conference for the remainder of this week. Mr. Jaunich also noted that work has begun on the building for the aquatic project. Mr. Jaunich is also trying to schedule a meeting with the county board, as well as a joint meeting with the EDA. Kent Exner — Mr. Exner provide a project update on Milwaukee/Linden. Mr. Exner thanked the contractors for their work being doh e on the project and the issues they are facing with the rain events. Seal coating will begin on June 27 . Dakota Rail Trail master plan has been approved by the county board. Council Member Arndt mentioned that Crow River Sno Pros have purchased old road signs from the county and they will be installed along the Luce Line Trail and the Dakota Rail Trail. In addition, they are spraying for weeds and things along the trails. State aid will be approved for the Main Street/TH 15 project to be completed in 2020. 20. COUNCIL/MAYOR UPDATE Mary Christensen Christensen — Council Member Christensen mentioned that vehicles were parked in the no parking zone on 5th Avenue NW near Rocket Hill during a slip -n- slide event. She mentioned that this is dangerous and should be enforced due to the large volume of children and people in the area during the event. Council Member Christensen also mentioned that the popcorn wagon usually located in Library Square is getting upgraded and maintenance and will return soon. John Lofdahl — Council Member Lofdahl commented that he had received a complaint about garbage truck speeds traveling down alleys. Bill Arndt — Council Member Arndt commented that the Edmonton Avenue surface is very bumpy. Exner noted that some streets in that area of town are not necessarily performing to expectations and has a lot to do with the native soils. A mill and overlay in the near future is most likely evident for Edmonton Avenue. Council Member Arndt also commented that mosquitos seem to be thick and he questioned whether or not the spraying is effective. Council Member Arndt also asked if a flea market or some other type of market could be held on Sundays at the depot. Miles Seppelt commented that he will check with the EDA Assistant who administers the Farmers' Market and depot area. I CITY COUNCIL MINUTES JUNE 14, 2016 ADJOURNMENT Motion by Arndt, second by Christensen, to adjourn at 7:00 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator 7