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04-11-2017 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 11, 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) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, John Lofdahl and Chad Czmowski. Member absent was Steve Cook. 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 two items need to be added to the agenda under Section 19. They include setting a workshop with the Hutchinson Utilities Commission for April 27, 2017, at 7:30 a.m. and the other item is to award a street patching project. Motion by Lofdahl, second by Christensen, to approve the agenda with the additional items. Motion carried unanimously. 2. INVOCATION — New Journey UCC 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Lofdahl acknowledged Christie Hantge serving 10 years on the Planning Commission. Mayor Forcier recognized the Event Center staff on holding a senior fundraiser that was successful. 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 28, 2017 Mayor Forcier noted that under the discussion on Item 7(c) "Mayor" Cook needs to be changed to "Council Member" Cook. Motion by Christensen, second by Lofdahl, to approve minutes with the correction noted. 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 CITY COUNCIL MINUTES APRIL 11, 2017 (a) Consideration for Approval of Resolution No. 14702 — Resolution Disposing of Surplus Property (b) Consideration for Approval of Wetland Conservation Act Delegation from the City of Hutchinson to McLeod County 1. Resolution No. 14703 2. Resolution No. 14704 (c) Consideration for Approval of Infrastructure Maintenance Fund Project (Replay Application) (d) Consideration for Approval of Issuing Short -Term Gambling License to Shady Lane Sportsmen Club on June 16 & 17, 2017, at McLeod County Fairgrounds (e) Consideration for Approval of Issuing Short -Term Gambling License to Saturday Night Cruisers from June — December 2017 at the Hutchinson Mall (f) Consideration for Approval of 42nd Annual Arts & Crafts Festival to Be Held September 15 & 16, 2017, in Library Square (g) Claims, Appropriations and Contract Payments Item 7(g) was pulled for separate discussion. Motion by Lofdahl, second by Czmowski, to approve consent agenda with the exception of 7(g). Motion carried unanimously. 7(g) had further discussion. Council Member Lofdahl noted the rather significant payments that have been made on the 430 Water Street issue and the issue is still going through the court system. Motion by Lofdahl, second by Czmowski, to approve Item 7(g). Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. ASSESSMENT HEARING AND PROJECT AWARD FOR SCHOOL ROAD & ROBERTS ROAD RECONSTRUCTION PROJECT (LETTING NO. 2, PROJECT NO. 17-02) (a) Resolution No. 14705 - Resolution Adopting Assessment (b) Resolution No. 14706 - Resolution Accepting Bid and Awarding Contract Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that four bids were received for this project with the low bid coming in from R&R Excavating in the amount of $2,049,044.53 which was approximately 10% lower than the final engineer's estimate. This project is included in the City's proposed 2017 Infrastructure Improvement Program. The project is scheduled to begin in mid-May and be completed by early November. Mr. Exner reviewed project timelines and detours associated with them. Council Member Christensen asked Mr. Exner to clarify why new streets are being built narrower. Mr. Exner explained that narrower streets are cheaper to build, cheaper to maintain and cheaper to replace. Mr. Exner also explained that narrower streets allow for the trail systems to be installed. Narrower streets also account for vehicles driving at slower speeds. 2 CITY COUNCIL MINUTES APRIL 11, 2017 Motion by Czmowski, second by Lofdahl, to open public hearing. Motion carried unanimously. No public comment was received. Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Forcier, to approve Resolution Nos. 14705 and 14706. 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.) 11. CLEAN ENERGY COMMUNITY AWARD RECOGNITION John Paulson, Environmental Manager, introduced Terry Webster of the Minnesota Department of Commerce. Mr. Webster formally presented the Clean Energy Community Award to the City of Hutchinson. The award is an acknowledgement of the work done by Minnesota communities to further the state's clean energy goals by implementing programs, policies and technologies that encourage energy efficiency, conservation and renewable energy generation. Council Member Lofdahl spoke of the PV arrays and the efficiency of which they produce energy. He feels this is the most cost-effective form of energy. 12. WELLHEAD PROTECTION PLAN PART I INFORMATIONAL MEETING John Rodeberg, SEH, presented before the Council. The City recently completed amendments to Part 1 of the Wellhead Protection Plan. A requirement of the amendment process is to conduct an informational meeting at a City Council meeting to inform the public about the amendments made and the importance of protecting the City's source water supply. The information presented included the new delineated wellhead protection maps, vulnerability assessment, and next steps regarding amendments to Part II of the City Wellhead Protection Plan. John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that a Wellhead Protection Plan is a tool to prevent drinking water from becoming polluted by managing potential sources of contamination in the area which supplies water to a public well. All community public water supply systems are required to create a formal Wellhead Protection Plan. Communities are then prioritized on potential well vulnerability and population. Mr. Paulson explained that there are two parts to the Wellhead Protection Plan planning process. Part I delineates the wellhead protection area and drinking water supply management area and assesses well vulnerability. Part II of the Plan creates goals, objectives, plan of action, evaluation program and contingency plan. Mr. Paulson explained that a computer model is used to generate recharge areas. Mr. Paulson reviewed the vulnerability determination. Karen Voz, Water Planner for the Minnesota Department of Health, presented before the Council. Ms. Voz reviewed the status of Part I of the Wellhead Protection Plan. Ms. Voz stated that the Department of Health has approved the model approach and results and reminded the Council that this informational meeting is part of the process. Ms. Voz explained that Part II of the Plan will include an inventory of potential contaminant sources in CITY COUNCIL MINUTES APRIL 11, 2017 the drinking water supply management area, develop management activities to protect aquifers and have a kick-off meeting prior to the Council meeting Ron Rusch, Acoma Township, presented before the Council. Mr. Rusch noted that the boundary extends into the township and he asked if the township residents have been educated on the process. Mr. Paulson noted that Part I collects data and identifies the model and Part II will include more education and outreach with the townships and will gain more public input. 9. UPDATE ON DOG PARK PROJECT - AMY SOLINGER Amy Solinger presented before the Council. Ms. Solinger has been the project leader for establishing a dog park in the community. Ms. Solinger stated that she has raised over $10,000 since October for a fence for a dog park. Ms. Solinger noted that Heart of Minnesota Animal Shelter has agreed to be the fiscal sponsor of the project. A grant from McLeod Coop Power has been received in the amount of $1000. Other fundraisers are still ongoing so additional funds will be received. The Council had indicated last Fall that if Ms. Solinger and her group raised $10,000 they would match the $10,000 to build a fence for a dog park. Mr. Jaunich explained that staff will put information together for the Council to consider formally at an upcoming Council meeting. Most likely the item will be placed on the April 25'' or May 9h Council agenda. Ms. Solinger noted that perhaps some things should be looked at in the plan that was originally proposed. Ms. Solinger's input will be included when reviewing the plan for the dog park. 10. POLICE DEPARTMENT 2016 YEAR END REPORT Dan Hatten, Police Chief, presented before the Council. Chief Hatten reviewed the highlights of 2016 for the police department. Calls for service have remained consistent over the years. Part I crimes, or the most serious crimes, are the lowest they have been in four years and 9% below the six year average. The largest crime in the City is theft. Motor vehicle collisions have been on the decrease over the past three years and 2016 was the lowest in four years. DWI arrests are down, as well as nuisance property cases left open. Chief Hatten also reviewed hospital security assists data. Response times for 911 calls are just under three minutes. Chief Hatten also reviewed child protection intake statistics and cases covered by the Southwest Metro Drug Task Force. 13. DISCUSSION OF RESCINDING SECTION 132.25 OF THE HUTCHINSON CITY CODE — UTILTIES INTERRUPTION Marc Sebora, City Attorney, spoke before the Council. Mr. Sebora explained that in 2002 the City Council enacted an ordinance making it a crime for anybody to conduct an excavation in such a manner that would interrupt utility services in the city. At that time there was a great deal of construction activity happening in town and contractors found it more expedient to interrupt services than to comply with Gopher State One Call law. In late 2016, a local contractor approached city administration about having the ordinance repealed on the basis that Hutchinson is one of the few, if not the only, cities that has such an ordinance. The Hutchinson Utilities Commission recently considered repealing this ordinance and their recommendation was in favor of repealing it. The rationale behind this decision was that utility service interruptions have become less of a problem over the years and that there are sufficient penalties for contractors under both Minnesota criminal law and Gopher State One Call regulations. Kent Exner noted that he is in favor of repealing the ordinance as there are other measures in place to account for utilities interruptions. 11 CITY COUNCIL MINUTES APRIL 11, 2017 Council Members recommended repeal of this ordinance. Formal action will be taken at the April 25, 2017, Council meeting. UNFINISHED BUSINESS 14. APPROVE/DENY ORDINANCE NO. 16-767 — AN ORDINANCE AMENDING SECTION 154.115 REGARDING DEVELOPMENT STANDARDS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the first reading of this ordinance was held at the last Council meeting and no changes have been made to it. Motion by Lofdahl, second by Christensen, to approve second reading and adoption of Ordinance No. 16-767. Motion carried unanimously. 15. 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 (SECOND READING AND ADOPTION) Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the first reading of this ordinance was held at the last Council meeting and no changes have been made to it. This ordinance will allow extended hours of construction activities on the weekends from May to September. Motion by Czmowski, second by Lofdahl, to approve second reading and adoption of Ordinance No. 16-769. Motion carried unanimously. NEW BUSINESS 16. APPROVE/DENY PURCHASE AGREEMENT AND DEVELOPMENT AGREEMENT WITH TITANIUM PARTNERS LLC FOR HOTEL PROJECT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that many environmental aspects had to be taken care of on the proposed site of the northeast corner of Hwy 7/Hwy 15. The developer has indicated that they would like to begin construction of a 54 -unit mid -scale hotel sometime around September 1st and have the new hotel completed just in time for the 2018 tourist season, roughly April of next year. Mr. Seppelt noted various items included in the proposed purchase agreement and developer agreement. It is proposed that the City will build an access road and retaining wall to the proposed hotel due to the challenging lot development, however formal action will come before the Council for that at a later date. Mr. Seppelt reviewed the various benefits of this project to the City. It was noted that before the Council authorizes improvements for the access road and retaining wall, assurances from the developer will be required that they will complete the project or will be responsible for the access road/retaining wall project. If the agreements are approved tonight, design work will begin on the access road and retaining wall. It was noted that an access road will need to be developed in order for this lot to be developed. Motion by Czmowski, second by Christensen, to approve purchase agreement and development agreement with Titanium Partners LLC. Motion carried unanimously. 17. APPROVE/DENY FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM ENTITLEMENT TRANSFER TO THE CITY OF LE SUER CITY COUNCIL MINUTES APRIL 11, 2017 John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the City of LeSuer has requested transfer of $50,000 in 2017 Non -Primary Entitlement from the Federal Aviation Administration Airport Improvement Program. Transfer of the entitlements is recommended considering that there is no planned use of Non -Primary Entitlement by Hutchinson in 2017 and a transfer back of the entitlement from LeSuer to Hutchinson for proposed 2018 work in Hutchinson would be feasible. Motion by Lofdahl, second by Czmowski, to approve federal aviation administration airport Improvement program entitlement transfer to the City of LeSuer. Motion carried unanimously. 18. APPROVE/DENY AIRPORT CONSULTANT SERVICES SELECTION John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that from time to time the City is required by the FAA to conduct a consultant selection process for the airport. This is typically done every 3-5 years or so. Consultant selections have taken place over the last several years and in 2011 Bolton -Meek was selected for a three-year term which was extended twice for one year each time. The process includes the City's request for Statements of Qualifications from consultants. The SOQ was done in February of this year and the deadline for submittal was March 9, 2017. The City received SOQs from Bolton -Meek, TDK and Bollig Engineering. The Airport Commission has reviewed the SOQs and is recommending the City stay with Bolton -Meek and enter into a five-year master agreement with them. The Airport Commission has appreciated their work in the master planning process and for the award-winning work on the runway, taxiways and apron. Motion by Lofdahl, second by Christensen, to approve airport consultant services selection. Motion carried unanimously. 19. APPROVE/DENY SETTING SPECIAL MEETING FOR APRIL 20, 2017, AT MCLEOD COUNTY TO ATTEND ECONOMIC DEVELOPMENT FORUM Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that McLeod County is hosting an economic development forum at the Glencoe High School on April 20, 2017, at 6:30 p.m. Motion by Lofdahl, second by Czmowski, to set special meeting for April 20, 2017, to attend Economic Development Forum at the Glencoe High School. Motion carried unanimously. 19.1 APPROVE/DENY SETTING SPECIAL WORKSHOP WITH HUTCHINSON UTILITIES COMMIS SIONON APRIL 27, 2017 It was noted it has been a couple of years since a joint meeting has been held with HUC and staff from both entities feel it is time for the two to meet to discuss various items. Motion by Christensen, second by Forcier, to set workshop with HUC on April 27, 2017, at 7:30 a.m. at the City Center. Motion carried unanimously. 19.2APPROVE/DENY QUOTE FROM WM MUELLER AND SONS FOR STREET PATCHING CITY COUNCIL MINUTES APRIL 11, 2017 This work is for street patching at a variety of locations throughout town. The Public Works Department has received two quotes with Wm Mueller coming in with the low quote. The total quote is $97,750.00. Motion by Czmowski, second by Forcier, to approve authorizing street patching to WM Mueller and Sons in the amount of $97,750.00. 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.) 20. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS a) Library Board Minutes from February 27, 2017 b) Liquor Hutch Quarterly Report MISCELLANEOUS 21. STAFF UPDATES John Olson — Mr. Olson noted that sweeping and hydrant flushing are taking place right now. Mosquito spraying will begin May 24, 2017. Kent Exner — Mr. Exner noted that School Road north of the bridge near SuperAmerica will have some patching done as part of last year's project. This will be a mill and overlay application. Hwy 15/1\4ain Street project will be designed by SEH. Hwy 22 south of Litchfield begins Monday, April 17, 2017. A roundabout will be built at Hwy 7/Hwy 71 and is scheduled to begin end of June/early July. Matt Jaunich — Mr. Jaunich noted that the League of Minnesota Cities Conference is being held June 14-16. 22. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen noted that the Spring pickup is April 22nd John Lofdahl — Council Member Lofdahl noted that the MidMinnesota Development Commission is holding board meeting in Hutchinson on June 28 h and is looking for a place to hold that. Staff noted that the City Center should be able to accommodate that. Gary Forcier — Mayor Forcier reminded pet owners to license their dogs and cats. ADJOURNMENT Motion by Christensen, second by Lofdahl, to adjourn at 7:50 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor 7 Matthew Jaunich City Administrator