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11-22-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, NOVEMBER 22, 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 Lofdahl, to approve agenda as presented. Motion carried unanimously. 2. INVOCATION — St. Anastasia Catholic Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Arndt spoke of the Common Cup fundraiser held on Sunday, November 20, 2016. Area churches put on a concert called "Coming Together in Song". Council Member Arndt also spoke of speeches he gave at Veterans' Day programs. (a) Resolution No. 14641 — Resolution Recognizing the 2016 Achievements of Hutchinson Native Lindsay Whalen Motion by Arndt, second by Christensen, to approve Resolution No. 14641. Motion carried unanimously. 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 7, 2016 (b) Workshop of November 7, 2016 (c) Canvassing Board of November 14, 2016 Motion by Lofdahl, second by Arndt, to approve minutes as presented. 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.) CITY COUNCIL MINUTES NOVEMBER 22, 2016 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Resolution No. 14634 — Resolution Establishing Location for Traffic Control Devices (No Parking Signs on 5h Avenue SE) (b) Consideration for Approval of Resolution No. 14636 — Resolution to Sell at Auction Forfeited Vehicles (c) Consideration for Approval of Resolution No. 14643 - Resolution Canvassing Election Returns (d) Consideration for Approval of Resolution No. 14642 — Resolution Adopting Findings of Fact and Reasons for Approval of Nokes Addition to Island View Heights Preliminary and Final Plat With Favorable Planning Commission Recommendation (e) Consideration for Approval of School Road and Roberts Road Reconstruction Project (Letting No. 2, Project No. 17-02) i. Resolution No. 14637 — Resolution Ordering Preparation of Report on Improvement ii. Resolution No. 14638 — Resolution Receiving Report and Calling Hearing on Improvement (f) Consideration for Approval of School Road and Roberts Trail Improvements Project (Letting No. 3, Project No. 17-03) i. Resolution No. 14639 — Resolution Ordering Preparation of Report on Improvement ii. Resolution No. 14640 — Resolution Receiving Report and Calling Hearing on Improvement (g) Appointment of Jack Sandberg to Pioneerland Library Board (h) Claims, Appropriations and Contract Payments — Check Register A Item 7(d) was pulled for separate discussion. Motion by Lofdahl, second by Christensen, to approve Consent Agenda I with the exception of Item 7(d). Motion carried unanimously. Council Member Arndt noted that he had been asked where the shed/type of shed is going to be placed on the property. Council Member Arndt noted he would mention this to the Council. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that at this time the consideration is for the preliminary and final plat and building permits will be issued when necessary. No applications have been submitted for any structures. Motion by Arndt, second by Lofdahl, to approve Item 7(d). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II 2 CITY COUNCIL MINUTES NOVEMBER 22, 2016 (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Czmowski, second by Christensen, with Forcier abstaining, to approve Consent Agenda IL Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) - NONE 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. RECOGNITION OF MINNESOTA CLEAN ENERGY COMMUNITY AWARD TO THE CITY OF HUTCHINSON Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the City received the Minnesota Clean Energy Community Award for its efforts to construct a 400 kW solar array on a closed landfill and supplies the power generated by the system to the wastewater treatment facility. This is the First Annual Clean Energy Community Awards that were hosted by the Minnesota Department of Commerce, Division of Energy Resources. Mr. Exner thanked former mayor Steve Cook for his efforts on this project, as well as staff members and Ameresco. Other achievement award winners included Minneapolis, St. Cloud, Morris and the Minnesota Air National Guard. UNFINISHED BUSINESS 10. APPROVE/DENY PROJECT AWARD FOR EDA ENTERPRISE CENTER PROJECT (LETTING NO. 11, PROJECT NO. 16-11) — RESOLUTION NO. 14644 ACCEPTING BID AND AWARDING CONTRACT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted that a total of nine bids were received for the construction of the proposed Hutchinson Enterprise Center small business incubator. The low bid was submitted by Ebert Construction of Corocoran, Minnesota. Upon review, the EDA is recommending that the base bid along with alternates 1, 2, 3 and 5 be awarded. These alternates include constructing offices, concrete truck lot, drywall & windows and metal liner. Cost for the building and alternates will total $2,220,200. Additional costs include soils testing and monitoring by Braun Intertec, various information technology items, sewer & water access charges, a security access system for the building and budgeting for contingencies, bringing the total project cost to $2,444,955. Funding for the project comes from a DEED grant, Minnesota Investment Fund grant dollars previously obtained by the City, tax increment financing dollars and the community improvement fund. Mr. Seppelt noted that two companies have been identified as prospective tenants each taking space of 4000 square feet. Motion by Czmowski, second by Lofdahl, to approve project award for EDA Enterprise Center project to Ebert Construction, adopting Resolution No. 14644. Motion carried unanimously. NEW BUSINESS CITY COUNCIL MINUTES NOVEMBER 22, 2016 11. APPROVE/DENY ORDINANCE NO. 16-766 - AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY TO DAME'S DIGS, LLC (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR DECEMBER 13, 2016) Marc Sebora, City Attorney, explained that last July the Council considered renewing a franchise to Dame's Digs, LLC, owner of Hometown Realty building, to utilize a portion of the right-of-way on Jefferson Street side of their building. The City granted a franchise to Dame's Digs LLC in the 1990s after it was discovered that the then new Hometown Realty building was built over the lot line approximately 1 1/2 feet into the city right-of-way. At the July meeting it was mentioned to the Council that it may be better for all parties concerned if the 1 1/2 foot strip of land was simply conveyed to Dame's Digs LLC in order to avoid the parties having to periodically renew the franchise agreement and also to help ensure the marketability of the Hometown Realty building. The matter was then tabeled so that the feasibility of a conveyance was explored. Staff has spoken with the owner of Hometown Realty, Cheryl Dooley, and is recommending to convey the property to her rather than entering into a series of future franchise agreements. Ms. Dooley has agreed to pay $460.00 for the strip of land. Should the ordinance be approved and set for a second reading and adoption, the Council will then hold a public hearing at the next meeting to consider vacating this portion of the City right-of-way. Motion by Lofdahl, second by Arndt, with Christensen abstaining, to waive first reading and set second reading and adoption of Ordinance No. 16-766 for December 13, 2016. Motion carried unanimously. 12. APPROVE/DENY AGREEMENT WITH TASER FOR POLICE DEPARTMENT BODY CAMERAS Dan Hatten, Police Chief, presented before the Council. Chief Hatten requested before the Council to enter into an agreement with Taser for a five-year term to provide 22 body -worn cameras, vehicle cameras for ten vehicles and data storage. The agreement also includes updating equipment 2.5 years into the agreement to ensure reliable equipment in the field. The total cost of the agreement is $146,319.39. Chief Hatten spoke logistics of the use of the equipment. Motion by Christensen, second by Czmowski, to approve agreement with Taser for police department body cameras. Motion carried unanimously. 13. APPROVE/DENY FIRST READING AND ORDERING PUBLIC HEARING FOR TELECOMMUNICATIONS ORDINANCE REVISIONS — ORDINANCE NO. 16-764 John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the main driver of the revisions to this ordinance are related to the use of small cell technologies. These changes are specific to the use of right-of-way and the allowable size of the equipment used for small cell technologies. These changes have included feedback from a potential small cell provider as well as the City's telecommunications consultant. Specific 11 CITY COUNCIL MINUTES NOVEMBER 22, 2016 revisions address antenna size of pole -mounted systems and placement of small cell technology. Motion by Lofdahl, second by Christensen, to approve first reading and set public hearing and second reading of Ordinance No. 16-764 for December 13, 2016. Motion carried unanimously. 14. APPROVE/DENY FIRST READING AND ORDERING PUBLIC HEARING FOR USE OF PUBLIC RIGHT-OF-WAY ORDINANCE REVISIONS — ORDINANCE NO. 16-765 John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that staff is proposing to revise the public right-of-way ordinance to ensure that rights-of-way are used for their intended purpose. The proposed revision includes adding the following language: "Small cell and telecommunications equipment prohibited. Public rights-of-way shall not be used for the purpose of small cell and telecommunications equipment installations. The use of public rights-of-way for this purpose is limited to access of communications or power utilities that are authorized to exist in public right-of-way through agreement with the City." Motion by Czmowski, second by Lofdahl, to approve first reading and set public hearing and second reading of Ordinance No. 16-764 for December 13, 2016. Motion carried unanimously. 15. APPROVE/DENY SCHOOL ROAD AND ROBERTS ROAD TRAIL IMPROVEMENTS FEDERAL AID PROJECT MEMORANDUM Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that as part of the requirement to receive project federal aid funding ($200,000), City staff has administered the preparation of a project memorandum document for MnDOT and FHWA consideration/approval. Mr. Exner distributed the 40 -page memorandum document to the Council. This draft document has been reviewed by the City's Resource Allocation Committee and must be formally submitted before December 1, 2016. Mr. Exner also reviewed the items approved by Council under the Consent Agenda associated with this project. They included ordering preparation of reports and setting public hearings on December 13, 2016, for road reconstruction and trail improvements on School Road and Roberts Road. A neighborhood meeting for this project has been scheduled for December 6, 2016, at 7:00 p.m. at the Event Center. Motion by Christensen, second by Czmowski, to approve School Road and Roberts Road Trail Improvements Federal Aid Project Memorandum. 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.) 16. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS a) Hutchinson Housing & Redevelopment Authority Board Minutes from October 18, 2016 b) Planning Commission Minutes from October 18, 2016 (c) City of Hutchinson Financial Report and Investment Report for October 2016 CITY COUNCIL MINUTES NOVEMBER 22, 2016 MISCELLANEOUS 17. STAFF UPDATES Kent Exner — Mr. Exner noted that lighting along Roberts Road has been reviewed mainly due to the school construction. Additional temporary lighting will be put in place and replaced with permanent lighting when the road construction is completed. Mr. Exner also noted that the Adams Street alley has been reviewed and a pipe will be placed in the alley to assist with drainage until a more comprehensive project is completed in 2019. However snow removal operations will not be revised in this area. Mr. Exner stated that Denver Avenue will not be accessible to the public until next spring. The site is currently under the control of the contractor and is unfinished. Mr. Exner explained that the Golf Course Road water tower is near completion. Council Member Lofdahl asked why the City logo wasn't painted on the water tower instead of the block letters that were used. Mr. Exner noted that the logo was an alternate bid 10-12 years ago on the Century Avenue water tower and came at a higher cost. In addition, to get the logo large enough, it could skew the look of it and appear a bit disoriented. Last, Mr. Exner noted that the leaf vacuum program is completed. Matt Jaunich — Mr. Jaunich reminded everyone that City offices will be closed this Thursday and Friday for the Thanksgiving holiday; The Truth in Taxation hearing is set for December 6, 2016, at 6:00 p.m. at the City Center; He is collecting from staff goals and objectives and he asked that the Council be thinking of things to be addressed in 2017. 18. COUNCIL/MAYOR UPDATE John Lofdahl — Council Member Lofdahl noted that as a member of the Bicycle/Pedestrian Committee it was discussed whether or not there is language in the zoning ordinance, or if language could be added to the zoning ordinance, referencing that when a new major building is constructed that a bicycle rack be required. Council Member Lofdahl also spoke about public transportation efforts he has been working on. Council Member Lofdahl also spoke about an environmental special assessment that the Coalition of Greater Minnesota Cities is asking cities to be a part of. Mary Christensen — Council Member Christensen mentioned that the pool project is currently on schedule and is slated to open the end of May 2017. Gary Forcier — Mayor Forcier mentioned having a workshop for council members to review the boards/commissions they are assigned to to see if any assignments should be changed. Motion by Christensen, second by Forcier, to set Council workshop for December 13, 2016, at 4:00 p.m. to review board/commission assignments. Motion carried unanimously. ADJOURNMENT Motion by Arndt, second by Lofdahl, to adjourn at 7:00 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator CITY COUNCIL MINUTES NOVEMBER 22, 2016