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12-13-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, DECEMBER 13, 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 andpractices, 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, Kent Exner, City Engineer and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Arndt, second by Czmowski, to approve the Council agenda as presented. Motion carried unanimously. 2. INVOCATION — Seventh Day Adventist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Lofdahl recognized Bill Arndt for his years of service as his term will be done at the end of the year. Mayor Forcier recognized Lindsay Whalen for donating two shooting machines to the high school basketball program and working with the athletes in the programs yesterday. 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 S minutes. Individuals wishing to speakfor more than five minutes should askto 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 November 22, 2016 (b) Truth in Taxation Hearing Minutes of December 6, 2016 Council Member Lofdahl noted that under the Miscellaneous section of the November 22, 2016, minutes he was speaking of requiring bike racks and not bike lanes with new major building construction. Motion by Lofdahl, second by Czmowski, to approve the minutes with the revision noted to the regular minutes. Motion carried unanimously. CONSENT AGENDA (The items 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 items are not discussed.) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Resolution No. 14645 - Amendment to the 2016 General Fund Budget CITY COUNCIL MINUTES DECEMBER 13, 2016 (b) Consideration for Approval of Resolution No. 14646 - Transfer Funds to Finance 2016 Aquatic Center Construction Costs (c) Consideration for Approval of Resolution No. 14647 - Transfer Funds to 2016 Construction Fund and General Fund (d) Consideration for Approval of Resolution No. 14648 — Resolution to Sell At Auction Unclaimed Bicycles (e) Consideration for Approval of Resolution No. 14649 - Authorizing Senior Deferral of Special Assessment (f) Consideration for Approval of Resolution No. 14650 - Adopting the 2017 Fee Schedule (g) Consideration for Approval of Resolution No. 14651 - Transferring Funds to the 2014 Construction Fund (h) Consideration for Approval of Issuing Short -Term Gambling License to Upper Midwest Allis-Chalmers Club on July 23, 2017, for Orange Spectacular Event at McLeod County Fairgrounds (i) Consideration for Approval of Out -of -State Travel for Miles Seppelt on January 9 & 10, 2017, to Attend "Cardinal Manufacturing" Workshop at Eleva-Strum High School in Wisconsin (j) Consideration for Approval of Renewing Joint Powers Agreement With the Southwest Metro Drug Task Force (k) Consideration for Approval of Improvement Project Change Orders - Letting No. 4/Project No. 16-04 (Water Tower Reconditioning — Golf Course Road) - Letting No. 1/Project No. 17-01 (Denver Avenue SE Extension) (1) Reappointment of Becky Felling as City Representative to the Hutchinson Health Board to December 2019 (m)Appointments/Reappointment to Parks/Recreation/Community Education Board 1. Don DeMeyer to August 2019 2. Liz Marcus to August 2019 3. Craig Juhnke to August 2019 4. Eric Westlund to August 2020 (n) Claims, Appropriations and Contract Payments Item 7(f) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve the consent agenda with the exception noted above. Motion carried unanimously. Item 7(f) had further discussion. Mayor Forcier commented that there had been talk of requiring a damage deposit for the historic church and depot rentals. There is currently one for rental of the Evergreen space in the amount of $100. Mayor Forcier suggested 2 CITY COUNCIL MINUTES DECEMBER 13, 2016 that a damage deposit be included for rental of the historic church and for the depot. Matt Jaunich stated that a damage deposit can be added to the fee schedule and a revised fee schedule will be presented at an upcoming meeting. However, he recommended adopting the fee schedule as presented this evening so that those fees could move forward. Motion by Czmowski, second by Christensen, to approve Resolution No. 14650 noting that a damage deposit will be added to the fee schedule and approved at a later meeting. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 8. CONSIDERATION OF RESOLUTION NO. 14656 - RESOLUTION TO VACATE CITY RIGHT OF WAY Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this topic has been discussed at a couple of previous Council meetings. The City is in process of conveying a 1 �/z foot strip of land to Cheryl Dooley's realty business, Dame's Digs LLC, so that the building can be entirely out of the city right-of-way. Mr. Sebora reminded the Council that when the building was constructed many years ago, the building was built into the right-of-way. To make the transfer of this property complete, the City has to vacate that portion of the right-of-way that will be conveyed to Dame's Digs, LLC. As part of the process, a public hearing is required under the City Charter. Mr. Sebora also noted that since this topic was first introduced last September, a discrepancy in the legal description was discovered and therefore a Resolution with a corrected legal description is before the Council for approval. Motion by Lofdahl, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Czmowski, with Christensen abstaining, to approve Resolution No. 14656 with the revised legal description. Motion carried unanimously. 9. APPROVE/DENY ORDINANCE NO. 16-766 - AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY TO DAME'S DIGS, LLC (SECOND READING AND ADOPTION) Marc Sebora, City Attorney, explained that this item involves the same parcel as was vacated through Resolution No. 14656. This strip of land is being proposed to be sold to Cheryl Dooley of Dame's Digs, LLC. The City Charter requires the sale of property be done by ordinance and public hearing. Motion by Arndt, second by Lofdahl, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, with Christensen abstaining, to approve second reading and adoption of Ordinance No. 16-766. Motion carried unanimously. 10 APPROVE/DENY ORDINANCE NO. 16-764 - TELECOMMUNICATIONS ORDINANCE REVISIONS (SECOND READING AND ADOPTION) Matt Jaunich, City Administrator, introduced the ordinance and public hearing but noted that staff is recommending that the second reading and adoption be tabled. John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that staff has been administering an effort to revise the City's telecommunication ordinance relating to the use of small cell technologies. Mr. Paulson noted that staff has received some comments from interested parties about the proposed changes to the ordinance. Additional time is needed to review and consider the comments that have been received. If additional comments are received tonight, they will be included in the staff review of all comments. Once comments are reviewed, staff will respond to those comments and meet with interested parties as necessary. Mr. Paulson explained the proposed changes as presented. The first proposed revision relates to the size of equipment placed on private property poles. The second CITY COUNCIL MINUTES DECEMBER 13, 2016 proposed revision relates to use of right-of-way. Peter Coyle, Larkin Hoffman, representing T -Mobile, presented before the Council. Mr. Coyle noted that he appreciates the City tabling consideration of this item. Mr. Coyle explained that small cell technology likes to take advantage of equipment that is already in place. This technology needs to be placed close to users, such as on Main Street, on light fixtures on light poles and on fiber lines. Mr. Coyle detailed how equipment is placed and where pieces are stored. Mr. Coyle explained that the equipment is rather small and typically is not visible to the eye. Jay Littlejohn, representing Verizon Wireless, presented before the Council. Mr. Littlejohn noted that Verizon Wireless has no applications in with the City and does not have a desire to do so at this time. Mr. Littlejohn explained that services are in high demand. Small cell facilities allow for cell phones to work better and faster. Mr. Littlejohn agreed that Main Street and light poles are a prime place for small cells to be placed. Mr. Littlejohn suggested that the City not outright ban use of right-of-way, but rather allow room for regulation. Valerie Bergman, AT&T, presented before the Council. Ms. Bergeman noted that AT&T's goal is to provide the best services for their customers. Ms. Bergman also noted that she supports local regulation of right-of-way but not an outright ban. Ms. Bergman noted that small cell technology is the best way to get the best use to customers while living, traveling and shopping. Ms. Bergman noted that AT&T would be happy to work with staff on ordinance revisions. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook commented that if all of the cell providers are going to want to all be placed on the same poles in the same locations serving the same customers and what that might look like. Wes Greve, 1301 Roberts Road, presented before the Council. Mr. Greve noted that he has seen cell towers in palm trees and on steeples on churches in Mesa, Arizona. Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to table action on this item. Motion carried unanimously. 11. APPROVE/DENY ORDINANCE NO. 16-765 - USE OF PUBLIC RIGHT-OF-WAY ORDINANCE REVISIONS (SECOND READING AND ADOPTION) Matt Jaunich, City Administrator, noted that the second reading and adoption of this ordinance will not be considered tonight in accordance with the same issues related to the telecommunications ordinance. John Paulson, Environmental Specialist, explained that the current proposed ordinance revisions prohibit smell cell and telecommunications equipment to be used in public rights-of- way. Again, staff will be reviewing comments received from interested parties on the proposed revisions and bringing forth action to the Council at a later date. Motion by Lofdahl, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Czmowski, to table action on this item. Motion carried unanimously. 12. SCHOOL ROAD & ROBERTS ROAD RECONSTRUCTION PROJECT (LETTING NO. 2/PROJECT NO. 17-02) (a) Resolution No. 14652 - Resolution Ordering Improvement and Preparation of Plans and Specifications 11 CITY COUNCIL MINUTES DECEMBER 13, 2016 (b) Resolution No. 14653 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that in January 2014 the City applied for federal aid dollars and has received them to initiate a trail project on School Road from Roberts Road to the south side of the bridge. With additional funding, a trail extension is being proposed from School Road and on Roberts Road to Roberts Park. Staff has discovered that the roadway would need to be improved in order for the trail improvements to be made. The road was built in 1978 and had a mill and overlay in 2000. The project on School Road is being proposed as a full reconstruction (minus water/sewer installation) to be a 34 foot curb to curb roadway with parking on one side of the street and a trail. A rehabilitation and reclaim is being proposed on Roberts Road. Mr. Exner noted that a neighborhood meeting was held on December 6, 2016, with property owners adjacent to the proposed School Road/Roberts Road reconstruction project. An estimated improvement assessment amount has been provided to adjacent property owners within the formal public hearing notice mailing. Mr. Exner reviewed the project scope, estimated project costs & funding, and the apportionment of the City and the property owner. The estimated project cost is $3,288,760. A proposed bidding date has been established for March 1, 2016, for this project. The project is slated to begin May 15, 2016, and be completed on or before Setpember 29, 2016, with final completion on or before November 3, 2016. Wes Greve, 1301 Roberts Road, asked about bonding required by the contractors. Exner explained that the general contractor must provide a performance bond and a project bond. Greve asked about bike lanes. Exner noted that the bike lanes will be removed on Roberts Road and the trails will be used for biking/walking. Council Member Arndt asked about street lighting that will be installed. Exner noted that at this point the project is calling for 16' acorn -shaped lighting. Staff is looking at LED lights within the acorn poles. Council Member Arndt raised concerns with the lighting because the bright light they give off can be blinding to drivers and don't necessarily provide the best lighting to see pedestrians at crossings. Exner noted that perhaps certain areas could be invested into a cobra -type lighting or shoebox-type lighting so the roadway/trail is well lit. Motion by Arndt, second by Christensen, to close public hearing.. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to approve Resolution Nos. 14652 and 14653. Motion carried unanimously. 13. SCHOOL ROAD & ROBERTS ROAD TRAIL IMPROVEMENTS PROJECT (LETTING NO. 3/PROJECT NO. 17-03) (a) Resolution No. 14654 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14655 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, explained that this project is for trail improvements along School Road and Roberts Road. Mr. Exner spoke of trail options being considered on the bridge. Mr. Exner and Council Members also spoke of trail signage/striping near the school. This project is being funded with aid dollars and bonding dollars. Motion by Lofdahl, second by Arndt, to close public hearing.. Motion carried unanimously. Motion by Christensen, second by Lofdahl, to approve Resolution Nos. 14654 and 14655. Motion carried unanimously. CITY COUNCIL MINUTES DECEMBER 13, 2016 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.) 14. REVIEW OF 2016 COMPENSATION STUDY Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich requested that the Council table this item to a workshop to be held on December 27, 2016, at 4:00 p.m. Mr. Jaunich noted that he had met with public works staff yesterday on this topic and the meeting was quite lengthy, therefore he is suggesting a workshop so this can be discussed in more detail. Motion by Czmowski, second by Lofdahl, to table this item to December 27, 2016, at 4:00 p.m. to review at a workshop. Motion carried unanimously. 15. REVIEW OF TRUTH IN TAXATION HEARING Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich asked if there are any suggested changes before this item is brought forward for formal approval at the next meeting. No suggestions were made. UNFINISHED BUSINESS NEW BUSINESS 16. CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14657 — SUPPORTING A FASTLANE FEDERAL GRANT APPLICATION FOR U.S. HIGHWAY 212 IMPROVEMENTS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that Carver County is leading this project development. The application is to expand Hwy 212 between Carver up to Cologne. The project cost is estimated at $22 million. Staff is proposing support of Carver County's application for federal funds for this expansion from a two-lane highway to a four -lane highway. The grant program provides dedicated discretionary funding for projects that address critical freight issues facing the nation's highways and bridges. Motion by Arndt, second by Lofdahl, to approve Resolution No. 14657. Motion carried unanimously. 17. CONSIDERATION FOR APPROVAL OF COALITION OF GREATER MINNESOTA CITIES VOLUNTARY ASSESSMENT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that the City participated in this program one year ago. The request is for a voluntary payment committing to the voluntary assessment to work on environmental issues. Staff feels there is no specific purpose outlined and is very broad in nature. Staff notes that the CGMC already represents its members interests on issues related to the environment and those costs are covered through the City's regular annual dues. While staff agrees with the CGMC in that greater Minnesota cities are facing more environmental regulations, staff has concerns on how this funding request is being handled by CGMC. Staff feels that if environmental concerns are CITY COUNCIL MINUTES DECEMBER 13, 2016 increasing and the demand on CGMC increase, then dues should reflect that. Staff sees no direct purpose like the one the city participated in last year. Council Member Lofdahl noted he would argue that this may be a worthwhile investment and an extension of the work that was done last year. Motion by Czmowski, second by Arndt, to deny participation in Coalition of Greater Minnesota Cities voluntary assessment. Roll call vote was taken: Christensen — aye; Lofdahl — nay; Arndt — aye; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. 18. CONSIDERATION FOR APPROVAL OF SETTING 2017 ORGANIZATIONAL MEETING FOR JANUARY 3, 2017 Mr. Jaunich noted that the City Charter notes that the City Council must meet the first Monday in January following a regular municipal election in order for newly elected members of the council to assume their duties. The Charter states that if the first Monday is a holiday, the first Tuesday in January shall then be used. In 2017, the first Monday is a reserved holiday, therefore the Council must meet on Tuesday, January 3, 2017. Motion by Czmowski, second by Christensen, to set 2017 organizational meeting for January 3, 2017, at 9:00 am. 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.) 19. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Public Library Board Minutes from October 24, 2016 MISCELLANEOUS 20. STAFF UPDATES Kent Exner — Mr. Exner noted that the Golf Course Water Tower rehabilitation is complete; He stated that the Denver Avenue extension work is in progress and continued to encourage drivers not to use that roadway as it is technically not open for travel; He also noted that the McLeod County Parks is receiving legacy dollars for Dakota Trail work. Matt Jaunich — Mr. Jaunich noted that the Aldi's grand opening is this Thursday, December 151' at 8:30 a.m.; a ceremony is being held on December 15'' at 8:00 a.m. at the police station honoring Officer Michael Hogan; City offices will be closed December 26, 2016, in honor of Christmas Day; the League of Minnesota Cities experienced officials conference is being held in January and council members that are interested in attending should inform him or Melissa Starke; legislative action day is February 1, 2016; the state budget forecast is still good for Hutchinson and is pushing for special session on December 20, 2016; the airport received a paving award and the City received a financial reward; Mr. Jaunich's review needs to be scheduled in the near future 21. COUNCIL/MAYOR UPDATE Mayor Forcier — Mayor Forcier asked residents to adopt a fire hydrant and please make sure they are shoveled out with a two -foot path around the hydrant; He also commented that with the new 7 CITY COUNCIL MINUTES DECEMBER 13, 2016 snow, he has been informed that snowmobiles have been traveling across private property and need to be reminded that they are only allowed to travel on streets via the most direct in and out of town, but are not allowed to travel on any city street or sidewalk. ADJOURNMENT Motion by Arndt, second by Czmowski, to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator