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03-28-2017 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MARCH 28, 2017 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) CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Mary Christensen, John Lofdahl and Chad Czmowski. 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 Matt Jaunich, City Administrator, noted that Item 12 can be removed from the agenda as the event coordinator is withdrawing its request. Also, Mr. Jaunich requested two additional items: Item 15.1 — Resolution 14701 — Local Control; Item 15.2 — Letter to legislators related to small cell technology. Motion by Czmowski, second by Christensen, to approve the agenda with revisions noted above. Motion carried unanimously. 2. INVOCATION — Hope Family Church 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 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 March 14, 2017 (b) Joint Workshop Minutes with McLeod County Board of March 9, 2017 Motion by Christensen, second by Cook, to approve the 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.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Engineering Services Agreements with Spring Lake Engineering (Lift Station Controls Upgrade) CITY COUNCIL MINUTES MARCH 28, 2017 (b) Consideration for Approval of Out -of -State Travel Request for Tim Gratke to Attend the General Electric Wastewater Users' Group Conference in Newport Beach, California from April 23-25, 2017 (c) Consideration for Approval of Resolution No. 14697 - Resolution of Authorization to Execute Minnesota Department of Transportation Grant Agreement for Airport Improvement Excluding Land Acquisition (d) Consideration for Approval of Resolution No. 14698 — Resolution Authorizing Conditional Use Permit for an Integrated Adult Activity Center in a C-5 Zoning District Located at 261 3rd Avenue NW with Favorable Planning Commission Recommendation (e) Consideration for Approval of Resolution No. 14699 — Resolution Amending City's Social Media Policy (f) Claims, Appropriations and Contract Payments Items 7(a) and 7(c) were pulled for separate discussion. Motion by Czmowski, second by Cook, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a) had further discussion. Kent Exner, City Engineer, noted that the agreements with Spring Lake Engineering have been revised slightly and have been distributed for the Council's consideration. Motion by Cook, second by Lofdahl, to approve Item 7(a). Motion carried unanimously. Item 7(c) had further discussion. Council Member Cook noted that the runway is not included with this and asked if that would be completed in the near future. John Olson noted that the runway will be completed in 2019, but at this time the specifications are not complete. Motion by Lofdahl, second by Christensen, to approve Item 7(c). Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. WASTEWATER TREATMENT FACILITY MEMBRANE BIOREACTOR CASSETTES REPLACEMENTS PROJECT (LETTING NO. 8, PROJECT NO. 17-08) 1. Resolution No. 14695 - Resolution Ordering Improvement and Preparation of Plans and Specifications 2. Resolution No. 14696 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is preparing to administer the replacement of the membrane bioreactor cassettes within the wastewater treatment facility. The anticipated usable life of this equipment is typically 10 to 12 years. The current membranes were installed in 2008 and have been fully utilized during their 10 years of utilization. The City most likely will receive a substantial price break per the original installation agreement if the replacement membranes are procured within 10 years of the initial construction. This project is included in the capital improvement plan and the necessary funding has been reviewed with finance staff. 2 CITY COUNCIL MINUTES MARCH 28, 2017 Motion by Lofdahl, second by Christensen, to open public hearing. Motion carried unanimously. No public comments were received. Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Cook, to approve Resolution Nos. 14695 and 14696. 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. PUBLIC WORKS 2016 YEAR END REPORT Kent Exner, City Engineer, presented before the Council. Mr. Exner provided a year-end review of the public works department. The public works department is comprised of three divisions — engineering, operations & maintenance, water & wastewater. The department includes 26 full time employees and 9 seasonal staff. Mr. Exner reviewed the department's services as categorized — essential, critical, basic, targeted and special. Mr. Exner reviewed major accomplishments completed in project development & construction; infrastructure maintenance & improvements; planning, policy & administrative; grants; and capital projects. Mr. Exner also reviewed major goals established for 2017 in the areas of capital projects; infrastructure maintenance projects, operations & maintenance and planning, policy & administrative. Lastly, Mr. Exner reviewed the budget and financial responsibilities of the department. Mr. Exner also reviewed statistics on infrastructure inventory and urban forestry information. Council Member Cook requested that a presentation be given in the future solely on forestry activities. 10. DISCUSSION OF MCLEOD COUNTY ASSESSOR AGREEMENT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that at the joint meeting held with the McLeod County Board earlier this month, it was mentioned that the City had received a letter and revised agreement from the McLeod County Assessor. The revised agreement is $14,467 higher than the agreement that was sent to the City and signed by both parties in October. Obviously, the additional costs were not included in the City's 2017 budget. The costs associated with the agreement are now at a level of which the city administrator cannot sign off on and requires Council action. Mr. Jaunich asked if the Council would like for him to address this matter with the county. The Council Members felt that because the county has been used for several years for assessing services, they would like to continue working in the same capacity and keep the relationship with them. However, they felt some accountability should be held by the County due to their error and Council Member Cook proposed that the county share the additional cost with the City or split it in half. Mr. Jaunich noted that he will draft a letter noting the City's concerns and propose that the additional costs be shared with the county. UNFINISHED BUSINESS 11. APPROVE/DENY ORDINANCE NO. 16-767 — AN ORDINANCE AMENDING SECTION 154.115 REGARDING DEVELOPMENT STANDARDS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (FIRST READING, SET SECOND READING AND ADOPTION FOR APRIL 11, 2017) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that CITY COUNCIL MINUTES MARCH 28, 2017 the City Council had directed staff to conduct some more research and come back with a revised landscape ordinance. Mr. Jochum noted that the biggest difference between this new proposed ordinance and the current one is the specificity it has. The proposed ordinance will make it easier for developers to understand what the City is looking for. In addition, after reviewing ordinances from other cities, it became apparent that the City should have a green space percentage required for commercial and industrial projects. The ordinance requires 20% green or managed landscape area. Based on the current ordinance, the setback areas are the only areas that would be green or landscaped area. Based on a one acre lot, these setback areas would equate to 18% open space, which isn't much different then what is being proposed. The Planning Commission held a public hearing on March 21, 2017, and no comments were received on the proposed ordinance. The proposed ordinance provides developers more direction on what is required and should save time. In addition, the proposed ordinance allows a certified landscape designer to design the landscape plan which would be likely cheaper than a landscape architect and the landscaping could be installed by the owner. Motion by Cook, second by Christensen, to set second reading and adoption of Ordinance No. 16-767 for April 11, 2017. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY AUTHORIZING SPECIAL EVENT OUTSIDE OF 16 MAIN STREET NORTH ON MAY 5, 2017, INCLUDING LIQUOR CONSUMPTION ON PUBLIC PROPERTY No action was taken on this item as the event coordinator has withdrawn its plans for the event. 13. APPROVE/DENY ORDINANCE NO. 17-769 - AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO HOURS OF CONSTRUCTION DURING THE HUTCHINSON HIGH SCHOOL RECONSTRUCTION PROJECT (FIRST READING, SET SECOND READING AND ADOPTION FOR APRIL 11, 2017) Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that a request has been received from the general contractor of the Hutchinson High School addition and renovation project to lift the City's noise restrictions for construction activities over the weekends beginning in May and ending in September. The City's current ordinance restricts construction activities of the weekends from 9:OOam - 9:OOpm. The contractor could like the City to lift that restriction for the high school project and extend those hours from 7:OOam — 10:00pm (which is currently allowed during the weekdays). The City has allowed this on three previous occasions over the last 12 years on the Hwy 7 project, Adams Street project and School Road project. The request is from May 13 through September 10. Motion by Czmowski, second by Lofdahl, to set second reading and adoption of Ordinance No. 17-769 for April 11, 2017. Motion carried unanimously. 14. APPROVE/DENY 2017 GOALS AND OBJECTIVES Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that last month the Council held a workshop on the City's goals and objectives. Mr. Jaunich is officially bringing this item back to the Council for formal approval. By approving the goals and objectives, it makes it clear to staff on what should be focused on and it communicates to the public the items of importance to the City Council. Council Member Cook spoke about Objective 46 — Create Master Park Plan that looks at everything from Facilities to the Eventual Replacement/Update of the City's Playground System. Council Member Cook 11 CITY COUNCIL MINUTES MARCH 28, 2017 suggested perhaps funding for these improvements could come from a local sales tax. Motion by Czmowski, second by Cook, to approve 2017 goals and objectives. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 14700 — RESOLUTION SUPPORTING TAX EXEMPTION FOR PUBLIC CHARTER SCHOOLS Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that a few weeks ago the City was approached by Jim Fahey in an effort to gain the city's support for the adoption of SF 2041 and HF 2403; legislation that would make real estate taxes exempt for property that is privately held and rented to public charter schools. Currently this exemption does not exist for charter schools. Mr. Jaunich has put together a Resolution for the Council's consideration. The proposed legislation is estimated to save Hutchinson's Charter school about $110,000/year which would be redirected to educational efforts within the schools. This would likely have a minor impact on the City's tax rate as the tax burden currently being paid by the Charter School will get shifted to other properties throughout the community. Motion by Lofdahl, second by Christensen, to approve Resolution No. 14700. Motion carried unanimously. 15.1 APPROVE/DENY RESOLUTION NO. 14701 — RESOLUTION SUPPORTING LOCAL DECISION-MAKING AUTHORITY Mr. Jaunich explained that the legislature is considering several bills that take away authorities of local governments. Mr. Jaunich distributed a list of bills that restrict municipalities' authority on various items. The proposed Resolution outlines the City's concerns and opposes legislation that removes the ability for local elected officials to respond to the needs of their businesses and constituents. Motion by Czmowski, second by Christensen, to approve Resolution No. 14701. Motion carried unanimously. 15.2APPROVE/DENY CORRESPONDENCE TO STATE LEGISLATURES RELATED TO SMALL CELL TECHNOLOGY Mr. Jaunich reminded the Council that several weeks ago he and staff members had expressed concerns on a piece of legislation that was being considered in House and Senate committees. The legislation was HF739 and SF561 which dealt with "small cell wireless" equipment and distributed antenna systems. Staff believes that this would severely limit local authority to manage small cell technology in its public rights of way. It has been brought to the City's attention that language was recently introduced in the Omnibus Jobs and Energy Bill related to the use of public rights-of-way and assets within the public right-of-way for small cell site installations. The version of the language added was that of the small cell providers industry which is opposed by the LMC and the City of Hutchinson. The bill would significantly hinder the City from placing restrictions on the installation of new poles or the use of existing public utility poles for small sites within the city's right of way. It also restricts the City's ability to recover costs and fees from small cell provider companies who would use the City's poles for their equipment. The proposed letter indicates that the City is strongly opposed to the proposed language being added to the Omnibus Jobs and Energy Bill. CITY COUNCIL MINUTES MARCH 28, 2017 Motion by Lofdahl, second by Cook, to approve sending correspondence to legislators related to small cells, which will include City Council member signatures. 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 February 17, 2017 b) City of Hutchinson Financial Report and Investment Report for February 2017 MISCELLANEOUS 17. STAFF UPDATES Marc Sebora — Mr. Sebora noted that a trial was held on the demolition of 430 Water Street. The Council received a favorable decision on the matter and the structure was ordered to be demolished by April 5, 2017. Matt Jaunich — Mr. Jaunich commented on the "storm chasers" and their registration with the City. Mr. Jaunich noted that although solicitors are required to register with the City of Hutchinson, that does not mean that the City is confirming that they are reputable businesses, rather solely that their business information is being collected. Citizens should still do their due diligence in researching companies before engaging in any contracts. 18. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook asked if staff could include information with an upcoming water bill on flushable wipes and perhaps putting door hangers on the apartments with the information. Council Member Cook asked about work on 5 Avenue SW. Kent Exner noted that with the Century Avenue project 5 h Avenue SW is on the radar in the next few years. Council Member Cook also mentioned that with the reconstruction being done on Main Street/Hwy 15 in 2020, the City should strongly look at tree plantings and landscaping in the right of way area. ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator