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05-09-2017 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MAY 9, 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, Chad Czmowski and 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 Motion by Christensen, second by Lofdahl, to approve the agenda as presented. Council Member Lofdahl noted that a representative from the Lung Association would like to speak following the public health presentation. Motion carried unanimously. 2. INVOCATION — Vineyard United Methodist 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Lofdahl thanked the Hutchinson Police Department for their services in his neighborhood. He also thanked those working on the aquatic center project as it appears that the opening will occur as planned. Council Member Steve Cook recognized the TigerBot team and Kelly's Dance Academy on their accomplishments at the national level. Council Member Mary Christensen commented on the work being done in Elks Park. Mayor Gary Forcier noted that the President of the Legion Auxiliary distributed poppies to the Council and staff in recognition of Poppy Day. (a) Proclamation - May 2017 - National Bike Month; Week of May 15-19, 2017, as National Bike to Work Week (b) Resolution No. 14714 — Resolution Accepting Cash Donation for Law Enforcement Memorial Park Motion by Cook, second by Lofdahl, to approve Resolution No. 14714. 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 CITY COUNCIL MINUTES MAY 9, 2017 (a) Regular Meeting of April 25, 2017 (b) Joint Meeting With Hutchinson Utilities Commission of April 27, 2017 Motion by Cook, second by Christensen, to approve 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 Amendment to 2017 General Fund Budget (b) Consideration for Approval of Amendment to 2017 Liquor Fund Budget (c) Consideration for Approval of Purchasing 2017 Ram 5500 Truck as Police Department's Special Response Vehicle (d) Consideration for Approval of Issuing Temporary Liquor License to Sustainable Farming Association for Minnesota Garlic Festival on August 12, 2017, at McLeod County Fairgrounds (e) Consideration for Approval of Items for City Parking Lot I Improvements Project (Letting No. 12, Project No. 17-12) 1. Resolution No. 14715 — Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14716 — Resolution Receiving Report and Calling Hearing on Improvement (f) Claims, Appropriations and Contract Payments — Register A Item 7(c) was pulled for separate discussion. Motion by Lofdahl, second by Cook, to approve Consent Agenda I with the exception of Item 7(c). Motion carried unanimously. Item 7(c) had further discussion. Council Member Cook asked about the purchase of the special response vehicle. Chief Dan Hatten explained that the current unit is a 1989 Ford Truck and needs to be replaced. With the purchase being made now, the police department will save $11,000 by purchasing the chassis from the state bid rather than purchasing it from LDV, the equipment supplier. This replacement is in the City's CIP plan. The chassis will then be sent to LDV who will complete the build by installing the equipment box on the chassis along with emergency equipment. This vehicle is used as a special response vehicle that is utilized in high-risk emergency situations. Chief Hatten noted that another request will come before the Council to purchase the final work of the box. This vehicle is used throughout the county and as mutual aid to neighboring counties. Motion by Cook, second by Christensen, to approve Item 7(c). Motion carried unanimously. 2 CITY COUNCIL MINUTES MAY 9, 2017 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Lofdahl, second by Christensen, with Forcier and Czmowski abstaining, to approve Consent Agenda IL Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 9. HOTEL SITE ACCESS IMPROVEMENTS (LETTING NO. 6, PROJECT NO. 17-06) (a) Resolution No. 14717 — Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14718 — Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that City staff is working on delivering a project to address the hotel site access improvement needs within the northeasterly quadrant of the Hwy 7/22 and Hwy 15 intersection. Pursuant to discussions with the hotel developer, staff is administering the design of this project with the goal of constructing it during the months of July and August this coming summer. This project is included within the 2017 Infrastructure Improvement Program and will be reviewed by the City's Resource Allocation Committee as the funding process proceeds in the future. Staff is requesting to move forward with the final preparation of project plans/specifications and advertisement for bids, which are anticipated to be opened on June 9, 2017. The project includes grading, retaining walls, curb and gutter, draintile, bituminous surfacing, stormwater/drainage features, street lighting, landscaping, restoration and appurtenances. Bonding dollars will be used for this project with no assessments. Motion by Czmowski, second by Cook, to open public hearing. Motion carried unanimously. No public comment was received. Motion by Cook, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve Resolution Nos. 14717 and 14718. 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.) 10. ANNUAL UPDATE FROM HUTCHINSON HEALTH Dr. Steve Mulder, Hutchinson Health, presented before the Council. Dr. Mulder provided an annual report to the Council on Hutchinson Health's activities for 2016. Dr. Mulder provided a brief history on how Hutchinson Health came to be today along with the City's authority as Hutchinson Health's landlord. Dr. Mulder reviewed financial indicators, patient volumes, and the community benefit of Hutchinson Health. Dr. Mulder spoke about upcoming projects such as remodeling of the cancer center, pediatric rehabilitation, and cardiac rehabilitation. Dr. Mulder also spoke of other future challenges. Urgent care is now open seven days a CITY COUNCIL MINUTES MAY 9, 2017 week. 11. PRESENTATION BY JENNIFER HAUSER OF MCLEOD COUNTY PUBLIC HEALTH ON THE IMPACT OF TOBACCO Jennifer Hauser, McLeod County Public Health, presented before the Council. Ms. Hauser spoke of the impact of tobacco from a county public health perspective. Erin Timmons, American Lung Association, presented before the Council. Ms. Timmons encouraged the Council to continue discussions on increasing the age to 21 for tobacco purchases. Council Member Lofdahl suggested holding a workshop in June to discuss this topic in more depth. Dr. Steve Mulder presented before the Council. Dr. Mulder spoke as a physician who has practiced medicine for over 40 years and has seen the damage nicotine addiction does to the human body and how it affects costs of health care. He encouraged the Council to consider discussing this topic. UNFINISHED BUSINESS 12. APPROVE/DENY ORDINANCE NO. 17-770 — ORDINANCE REPEALING SECTION 132.25 OF THE HUTCHINSON CITY CODE — UTILITIES INTERRUPTION (SECOND READING AND ADOPTION) Marc Sebora, City Attorney, noted that no changes have been made since the last meeting. Motion by Lofdahl, second by Czmowski, to approve second reading of Ordinance No. 17- 770. Motion carried unanimously. 13. APPROVE/DENY ORDINANCE NO. 17-771 - ORDINANCE AMENDING CHAPTER 112.088 OF THE HUTCHINSON CITY CODE — HOURS AND DAYS OF SALES (SECOND READING AND ADOPTION) Matt Jaunich, City Administrator, noted that no changes have been made since the last meeting. This ordinance allows for liquor sales at the municipal liquor store on Sundays in accordance with the new state law. Mr. Jaunich noted that the ordinance allows for sales on New Years' Day and 4 h of July but there are no plans to do so this year. Motion by Czmowski, second by Christensen, to approve second reading of Ordinance No. 17-771. Motion carried unanimously. NEW BUSINESS 14. DISCUSSION ON CHAPTER 113 OF THE HUTCHINSON CITY CODE — TOBACCO REGULATIONS AND CONSIDERATION OF DIRECTING STAFF TO RESEARCH OPTIONS ON AN AMENDMENT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reminded the Council that this item was brought up as a non -agenda item at the last meeting and it was determined that it would be placed on this agenda for discussion purposes and to consider directing staff to research options for an ordinance amendment. Mr. Jaunich noted that if this item proceeds, a public hearing will be held as part of considering an ordinance amendment. 11 CITY COUNCIL MINUTES MAY 9, 2017 Mr. Jaunich recognized that Council Member Lofdahl has suggested holding a workshop on this topic. The state legislature will most likely be discussing this item in the next session. A bill was introduced this week, however it was past the deadline to be considered during this session. The public was encouraged to contact council members with their feedback on this item. Motion by Cook, second by Lofdahl, to hold a workshop on June 13, 2017, at 4:00 p.m. to discuss this item. Council Member Cook noted that there are several items to discuss related to this and he asked that the Council take the time to do so. Roll call vote was taken: Christensen — nay; Lofdahl — aye; Cook — aye; Czmowski — nay; Forcier — nay. Motion failed 3 to 2. Council Member Lofdahl noted he was disgusted and disappointed with the vote. Council Member Cook pointed out the various things someone cannot partake in under the age of 21. 15. APPROVE/DENY ORDINANCE NO. 17-772 — AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO HOURS OF CONSTRUCTION DURING THE SCHOOL ROAD/ROBERTS ROAD RECONSTRUCTION PROJECT (LETTING NO. 2, PROJECT NO. 17-02) — WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR MAY 23, 2017 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this ordinance is similar to what was approved by the Council not long ago for the high school reconstruction project. The request before the Council is to suspend the noise ordinance for the School Road/Roberts Road construction project extending the weekend working hours from 7:OOam — 9:OOpm, the same hours allowed during the weekdays. Motion by Czmowski, second by Christensen, to set second reading and adoption of Ordinance no. 17-772 for May 23, 2017. Motion carried unanimously. 16. APPROVE/DENY PROJECT AWARD FOR WASTEWATER TREATMENT FACILITY MEMBRANE BIOREACTOR CASSETTES REPLACEMENTS PROJECT (LETTING NO. 8, PROJECT NO. 17-08) (a) Resolution No. 14719 — Accepting Bid and Awarding Contract Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that one bid was received for this project. There was a second bid received however it was not opened due to that contractor not participating in the required bidder pre -qualification process. The apparent low bidder is General Electric Zenon of Oakville, Ontario, Canada, with a bid of $620,337 which was approximately 9.5% higher than the final engineer's estimate. Nero Engineering has submitted a letter of recommendation speaking of the justifiable cost increase which was largely due to taxes which were not considered in the engineer's estimate. Taxes account for $42,000 of the difference. The remaining difference was due to the inclusion of cassette refurbishment in the project, additional off-site services, and bonding. The project's total cost and associated funding contributions are accounted for within the City's proposed 2017 infrastructure improvement program. Motion by Cook, second by Lofdahl, to approve Resolution No. 14719. Motion carried unanimously. 17. APPROVE/DENY LUCE LINE STATE TRAIL HUTCHINSON SEGMENT COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF HUTCHINSON Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this agreement outlines the DNR's duties and responsibilities and the City's duties and responsibilities for the portion of the Luce Line State Trail that lies in city limits. CITY COUNCIL MINUTES MAY 9, 2017 Motion by Czmowski, second by Cook, to approve Luce Line State Trail Hutchinson Segment Cooperative Agreement with State of Minnesota. Motion carried unanimously. 18. APPROVE/DENY SETTING BUDGET WORKSHOP FOR MAY 23, 2017, AT 4:00 P.M. Motion by Czmowski, second by Christensen, to set budget workshop for May 23, 2017, at 4:00 p.m. 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) Library Board Minutes from March 27, 2017 (b) Planning, Zoning, Building Department Quarterly Report (c) Planning Commission Minutes from March 21, 2017 MISCELLANEOUS 20. STAFF UPDATES Kent Exner — School Road/Roberts Road construction project begins on Monday May 15, 2017. Enterprise Center project has begun to move dirt Marc Sebora — Mr. Sebora provided an update on 430 Water Street — A hearing is scheduled for May 11, 2017, as defendant has requested a new trial Matt Jaunich — Mr. Jaunich noted that small cell technology is being discussed in the legislature and is part of a bill in conference committee; He reiterated the heavy activity in the building department and therefore asked the public for their understanding and patience in having building permits issued; staff will be evaluating the activity the month of May, however additional help may need to be hired; He also noted that a meeting with HUC is being planned to discuss PILOT; LMC conference registration going on 21. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen noted she is not in favor of smoking or tobacco use, however she is in favor of less government and less regulation. She expressed that she feels this regulation should come from the state level. Council Member Christensen commented on the progress made at the aquatic center. She also noted that she loves the sculpture near Shopko. John Lofdahl — Council Member Lofdahl expressed that he feels issues like tobacco use should come from the city level. Council Member Lofdahl also spoke about various projects that are on the upcoming Planning Commission agenda. Council Member Lofdahl also commented on the high workload of the building inspector/building official and perhaps a temporary employee could be brought on board. Steve Cook — Council Member Cook noted that following the forestry update at the last meeting he learned that approximately 540 ash trees would need to be removed to alter the tree species ratio. Staff informed him that the plan is to remove 20 trees per year, which means it will take 27 years to get to the appropriate level. Council Member Cook noted he would like to have a discussion at an upcoming Council meeting to discuss replacing more ash trees in a more aggressive manner. Council Member Cook noted he has reservations of the site that has been 31 CITY COUNCIL MINUTES MAY 9, 2017 selected for the dog park, not only for the size of it but its proximity to a house that it is near. Council Member Cook made a suggestion of a location near AFS Park — it has parking, restrooms and is a large space that is underutilized. Council Member Cook asked that people look at the area and consider it as an option to discuss. Council Member Cook stated that Hutchinson prides itself on being a progressive, healthy community and he is stunned that the Council isn't willing to have a discussion on increasing the age of tobacco sales/possession. Gary Forcier — Mayor Forcier commented that he is not in favor of smoking, however he spoke to business owners who have expressed concerns over an age restriction and how it may affect their business. ADJOURNMENT Motion by Christensen, second by Lofdahl, to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor 7 Matthew Jaunich City Administrator