Loading...
06-13-2017 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 13, 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 Matt Jaunich, City Administrator, noted that under Item 7(f), the School Road/Roberts Road change order can be removed. That was included on the agenda erroneously. Mr. Jaunich also noted he will be adding Agenda Item 18.5 — Requests from Public Arts Commission. Motion by Czmowski, second by Lofdahl, to approve agenda with the additions and corrections noted. Motion carried unanimously. 2. INVOCATION — Faith Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Approve/Deny Resolution No. 14725 — Resolution Approving Cash Donations Motion by Cook, second by Christensen, to approve Resolution No. 14725. 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 May 23, 2017 (b) Council Workshop of May 23, 2017 Motion by Christensen, second by Czmowski, 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 CITY CO UNCIL MINUTES JUNE 13, 2017 (a) Consideration for Approval of Closing 1st Avenue Southeast on June 21, 2017, beginning at 4:00 p.m. for Riverside Church Event (b) Consideration of Non -Waiver of Tort Liability Limits for General Liability (c) Consideration for Approval of Issuing Short -Term Gambling License to McLeod County Voiture 414 on November 21, 2017, at VFW Post 906 (d) Consideration for Approval of Resolution No. 14720 — Resolution Supporting the Abolishment of the Trunk Highway 15 Coalition (e) Consideration for Approval of Resolution No. 14731 - Resolution Approving State of Minnesota and City of Hutchinson Master Partnership Contract (f) Consideration for Approval of Improvement Project Change Orders 1. Change Order No. 1 — Letting No. 8, Project No. 17-08 (Wastewater Treatment Facility Membrane Cassettes Replacements) (g) Consideration for Approval of Items for city Alley 436 Improvements (Letting No. 13, Project No. 17-13) 1. Resolution No. 14727 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14728 - Resolution Receiving Report and Calling Hearing on Improvement (h) Claims, Appropriations and Contract Payments — Register A Motion by Cook, second by Czmowski, to approve Consent Agenda L Motion carried unanimously. 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. APPROVE/DENY ORDINANCE NO. 17-773 — AN ORDINANCE AMENDING CHAPTER 54 STORMWATER MANAGEMENT (FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017) John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that the City is permitted to discharge in accordance with requirements of the MPCA's Municipal Separate Storm Sewer System permit. The requirements of this permit include specific ordinance language that must meet or exceed the MS4 requirements. Revisions are needed to Chapter 54 of the City's code to continue to meet the requirements of the MS4 permit. The changes will be related to post -construction storm water treatment requirements that requires TSS and Phosphorus treatment for construction related to redevelopment. Motion by Cook, second by Lofdahl, to open the public hearing. Motion carried unanimously. No public comments were received. 2 CITY CO UNCIL MINUTES JUNE 13, 2017 Motion by Christensen, second by Lofdahl, to close the public hearing. Motion carried unanimously Motion by Czmowski, second by Christensen, to waive first reading and set second reading and adoption of Ordinance No. 17-773 for June 27, 2017. Motion carried unanimously. 10. CITY PARKING LOT I IMPROVEMENTS PROJECT (LETTING NO. 12, PROJECT NO. 17-12) (a) Resolution No. 14729 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14730 - 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 with MidCountry Bank's design consultants and will be hopefully finalizing their drive thru project design and delivery approach/schedule in the near future. Mr. Exner presented the identified improvements to City Parking Lot I and the adjacent alley that are necessary to accommodate their proposed bank drive-thru facility. Infrastructure maintenance funds and/or the $57,000 proceeds from the property transaction will be used for this project. A short developer's agreement will be drafted with MidCountry Bank for this project. Mr. Exner also noted that a discussion will need to be held regarding assessments for parking lot improvements. Motion by Czmowski, second by Christensen, to open the public hearing. Motion carried unanimously. No public comments were received. Motion by Cook, second by Lofdahl, to close the public hearing. Motion carried unanimously Mr. Exner noted no formal bid opening will be held but quotes will be before the Council for approval. Motion by Cook, second by Christensen, to approve Resolution Nos. 14729 and 14730. Council Member Cook asked if any business owners located along the alley have provided any recent feedback. Mr. Exner noted that no negative feedback has been received regarding the most recent plan. 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. DISCUSSION OF MAINTENANCE OF DAKOTA COUNTY TRAIL Council Member Cook noted that he is a member of the county trail committee and the committee is currently in the process of meetings to make a recommendation to the county board for another grant application and the scope of what that might be. The application will be due by the end of July. In the past, the City of Hutchinson has expressed an interest in assisting in maintaining the Dakota County Trail that lies within the city limits. During prior committee meetings, a few people have wondered if the City of Hutchinson would be willing to extend their maintenance efforts of the trail outside of the city limits. As a way to promote partnership in the project, Council Member Cook asked the Council and staff if the City is willing to make the commitment to maintaining the trail to Hwy 22 as long as it is paved. This would be a total maintenance commitment of approximately two miles, with 1.25 miles being outside city limits. CITY CO UNCIL MINUTES JUNE 13, 2017 The Council was in agreement with this and a formal consideration will be placed on the next agenda. UNFINISHED BUSINESS NEW BUSINESS 14. APPROVE/DENY HOSTED WIFI SERVICES AGREEMENT WITH NEW ULM TELECOM, INC. Matt Jaunich, City Administrator, explained that in late 2015, Nu -Telecom approached the City of Hutchinson about putting up Wi-Fi antennas in Library Square. Due to some technical difficulties, it wasn't feasible at the time. However, in 2016 Nu -Telecom placed Wi-Fi antennas at the Dave Mooney Baseball Complex for the state amateur baseball tournament which went well and was well received. Therefore, the City and Nu -Telecom had further discussions at the end of last year about deploying Wi-Fi in other public areas throughout the city and the proposed agreement was arrived at. Initial deployment will take place at Burich Arena, Rec Center/Aquatic Center, Roberts Park, VMF Field/Park, Campground/Masonic West River Park, Depot/Farmer's Market, Event Center, Airport and Library Square. Potential additional locations may be added at a later time. The responsibility of the equipment is that of Nu -Telecom. The agreement offers flexibility for public use for the City to consider changes in the future if the City feels it is being abused. Kathy Lund and Tim Elliot, Nu -Telecom, appeared before the Council. Mayor Forcier asked what the coverage area is. Mr. Elliot noted that typically the coverage is 100-200 feet from where the radio is placed. Motion by Cook, second by Forcier, with Czmowski abstaining, to approve hosted wife services agreement with New Ulm Telecom Inc. Motion carried unanimously. 12. APPROVE/DENY ORDINANCE NO. 17-774 — AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY -OWNED REAL PROPERTY TO ERIC WANGEN (FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in 2006 when Hwy 7 was reconstructed, the City acquired several remnant parcels along Hwy 7. Following the project, it was realized that a stray parcel existed that was not necessarily owned by anyone but rather the Prochnow heirs had last title to it. In order to clean up title to the property and to establish the City's right to ownership of the property, the Council authorized a quiet title lawsuit against potential claimants. That litigation is coming to an end and the only person to respond to the summons and complaint in the matter was the landowner along the northern boundary of the property, Eric Wangen. As noted previously, development of the parcel is maturing, and coincidentally, the court action is resolving. As part of the site development for the hotel, it has been determined that construction of the retaining wall in order to meet proper engineering standards will require more land than the City has available to it on the northwestern corner of the site to be developed near Prospect Street. In order to do this, an easement must be obtained from Eric Wangen on the property he already owns on Prospect Street. Mr. Wangen and the City have reached an agreement whereby he would give the City an easement for $2000 for the construction and maintenance 11 CITY CO UNCIL MINUTES JUNE 13, 2017 of a retaining wall to service the hotel development. With regard to the legal action, the land that the City is obtaining through the legal action is more land than the City needs to construct the retaining wall in that area. In order to resolve the legal action, and in consideration of the easement that Mr. Wangen is giving the City for the construction of the wall on his own property, the City has agreed to convey the northerly 10 feet of the parcel of land that was part of the legal action to Mr. Wangen. There would be a 20 -foot wide strip of land reserved to the City as part of this conveyance as an easement, again to facilitate the construction and maintenance of the retaining wall. The Hutchinson City Charter requires that any conveyance of city -owned land be done by ordinance. Motion by Czmowski, second by Cook, to waive first reading and set second reading and adoption of Ordinance No. 17-774 for June 27, 2017. Motion carried unanimously. 13. APPROVE/DENY ORDINANCE NO. 17-775 — AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY -OWNED REAL PROPERTY TO MIDCOUNTRY BANK (FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017) Mr. Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in 2015, the City purchased the southern portion of the parking lot behind MidCountry Bank. As part of that transaction, the purchase agreement contained an option for MidCountry Bank to purchase the northernmost 46.3 feet of the parking lot from the City within five years. MidCountry Bank has decided to exercise that option for their drive thru project. The purchase agreement will be on the next agenda for consideration. Motion by Lofdahl, second by Czmowski, to waive first reading and set second reading and adoption of Ordinance No. 17-775 for June 27, 2017. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 14726 - RESOLUTON UPDATING AIRPORT ZONING John Olson, Public Works Manager, presented before the Council. Mr. Olson stated that since 1984, the City has operated under the same ordinance pertaining to airport zoning. The proposed project is to update the 1984 municipal airport zoning ordinance based on results of the 2015 Airport Master Plan. The 1984 airport zoning ordinance protects for the existing 4000 -foot runway, but it does NOT protect for the proposed crosswind runway included in the Master Plan and most recent Airport Layout Plan. Mr. Olson noted that a State FY2017 grant is available for planning/zoning purposes. Therefore, this project is contingent upon receiving a State FY2017 MnDOT Aeronautics grant to update the airport zoning ordinance. The project would be funded 80% with a MnDOT Aeronautics grant with 20% of local funds. Motion by Cook, second by Christensen, to approve Resolution No. 14726. Motion carried unanimously. 16. APPROVE/DENY SETTING SPECIAL COUNCIL WORKSHOP FOR JUNE 26, 2017, AT 7:30 A.M. FOR PILOT DISCUSSION Motion by Christensen, second by Lofdahl, to set special Council workshop for June 26, 2017, at 7:30 a.m. for PILOT discussion. Motion carried unanimously. 17. APPROVE/DENY SETTING ANNUAL JOINT MEETING WITH HUTCHINSON EDA ON JUNE 27, 2017, AT 11:30 A.M. Motion by Cook, second by Lofdahl, to set annual joint meeting with Hutchinson EDA for June 27, 2017, at 11:30 a.m. Motion carried unanimously. CITY CO UNCIL MINUTES JUNE 13, 2017 18. APPROVE/DENY SETTING COUNCIL WORKSHOP TO REVIEW 2016 AUDIT REPORT Motion by Lofdahl, second by Forcier, to set Council workshop to review 2016 audit for July 11, 2017, at 4:30 p.m. Motion carried unanimously. 18.5 PUBLIC ARTS COMMISSION REQUESTS Matt Jaunich explained that the Public Arts Commission (PAC) has two requests of the City. First, PAC would like to request from the Council to get approval to have staff work on an agreement with the artist of the cemetery sculpture. The agreement would allow the artist to reproduce more of her cemetery sculptures and sell them. The main point of the agreement would be that the City would allow this and receive a commission from the artist on the pieces that would be sold. Motion by Czmowski, second by Christensen, to authorize staff to draft agreement with the Artist of the cemetery sculpture. Motion carried unanimously. Second, the PAC would like to ask that additional public art funds be used to pay for the remainder of the cemetery piece costs. Apparently the final grant report is due in June and this would help with that, as well as make the final payment to the artist. The entire cost of the sculpture and all funding has been accounted for within the PAC Accounting information that was provided to the Council. Basically, the costs of the sculpture have been covered with PAC dollars already. Any future donations/funding related to this project will come back into the PAC account. As a reminder, the Council approved adding $15,000 per year into the PAC fund and this fund can have a maximum carryover of $30,000. The net balance of the cemetery piece is $5600. Motion by Christensen, second by Cook, to approve using additional public arts funds of $5600 to pay for remainder of costs for cemetery piece. 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) Tall Grass/Noxious Weed Monthly Report for May 2017 MISCELLANEOUS 20. STAFF UPDATES John Olson — Mr. Olson noted that a storm was declared from last Sunday's event and therefore any tree branches/limbs can be placed on the boulevard for pickup by calling the forestry department. This work will be done until June 21, 2017. Also, mosquito counts are being collected and are nearing the threshold but are not high. An application was had last week and last night and will continue as scheduled. Kent Exner — Denver Avenue is complete and should be finalized by Thursday of this week. School Road/Roberts Road reconstruction is nearing completion of Phase 1. This will be open to gravel grade by this weekend. The detour as is will remain in place through the weekend. Phase 2 will start on Monday which is the School Road bridge. School/Roberts Trail — bid opening on June 21, 2017. This work is scheduled for September. Hotel access improvements CITY CO UNCIL MINUTES JUNE 13, 2017 project bid opening is this Friday, June 16, 2017. The developer needs to start finalizing their documents and submit to the Planning Commission for their site plan work. The first project kick off meeting for Hwy 15/1\4ain Street was held today. The first public meeting will most likely occur towards the end of July with property owners. Matt Jaunich — City of Hutchinson is now on Facebook; aquatic center is up and running; City of Excellence Award from the League of Minnesota Cities being presented on Wednesday; dog park item will be placed on next agenda; CGMC annual meeting being held in August 21. COUNCIL/MAYOR UPDATE John Lofdahl — Council Member Lofdahl mentioned that property owners may be wanting to rent out their homes for the SuperBowl. Council Member Lofdahl posed the question will they register as rental properties, otherwise? Council Member Lofdahl also noted that he would like to discuss the invocation issue. Council Member Cook feels it should be left as is by having the local pastors provide the invocation at Council meetings. Council Member Lofdahl noted that his concern is that not all religions are included in the rotation (Jewish, Muslim, etc.) and the schedule is set up through the ministerial association. Council Member Lofdahl would like to have this as a discussion item to discuss increasing the scope of those providing the invocation. Steve Cook — Council Member Cook noted that the Public Arts Commission would like to hold workshop with the Council; Cook also noted that as budget discussions are going on, staff and Council should be considering excess funds received from the hospital payment and where those funds should be placed. ADJOURNMENT Motion by Christensen, second by Lofdahl, to adjourn at 7:45 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor 7 Matthew Jaunich City Administrator