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08-22-2017 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, AUGUST 22, 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 John Lofdahl, Chad Czmowski, Mary Christensen 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 Item 7(h) can be removed from the agenda as this is no longer necessary. In addition, one item needs to be added to the agenda under 16.5. The item is to approve an agreement with Deb Zeller, the artist of the "Parental Love" sculpture that is at the cemetery. Motion by Cook, second by Czmowski, to approve the agenda with the revisions noted. Motion carried unanimously. 2. INVOCATION — Riverside Assembly of God Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 14764 - Acceptance of Donation from Hutchinson Bus Line — Retired School Bus to Hutchinson Police Department It was noted that this bus will be used at the police training facility. Motion by Christensen, second by Cook, to approve Resolution No. 14764. 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 Darlene Westphal — 322 School Road and Marilyn Cox — 328 School Road presented before the Council. Ms. Westphal noted that driveway access was removed after the reconstruction of School Road and now she and her neighbor feel as if they live on a dead-end. Ms. Westphal noted it is difficult to turn into her garage without the driveway access from the road. These property owners would like to have the driveways placed back in. Kent Exner noted that numerous access points were on School Road to the townhomes previously and with the new construction the City wished to reduce the access points due to the curvature of the roadway and the new trail being constructed. In addition, new tree plantings may be placed where the driveways were previously. Mr. Exner noted that the association president should have been notified of these plans as part of the reconstruction. Mr. Exner also noted that staff is willing to speak with property owners on a possible alternative, however he is hesitant to add in the numerous amount of access points. CITY COUNCIL MINUTES —AUGUST 22, 2017 Deane Dietel spoke that he feels the removal of the driveways was not necessary and snow removal will be an issue and feels it is a bad situation. Mr. Dietel also noted issues he has with grass blown into the street from property owners and the City's lack of enforcement. Mr. Exner spoke of the public education that is done many times per year, but it is hard to have 100% compliance. Council Member Cook asked that Mr. Exner look at squaring up a turn area or something that could accommodate this issue for the townhomes on School Road. 6. APPROVAL OF MINUTES (a) Regular Meeting of August 8, 2017 Motion by Lofdahl, second by Cook, 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 Resolution No. 14752 — Resolution to Sell Bicycles at Auction (b) Consideration for Approval of Resolution No. 14753 — Resolution to Donate Unclaimed Property (c) Consideration for Approval of Street Closure for Crosspoint Church Block Party on August 26, 2017 (d) Consideration for Approval of Out -of -State Travel Request for Mike Lien to Attend the 2017 Sensus Research Conference in Dallas, Texas from October 22-25, 2017 (e) Consideration for Approval of Out -of -State Travel Request for Eric Kilian to Attend the National Tactical Officers Association (NTOA) Annual Conference in Phoenix, Arizona from September 23-29, 2017 (f) Consideration for Approval of Resolution No. 14755 — Resolution Adopting Findings of Fact and Reasons for Approval of a Site Plan and Variance to Reduce Parking Stall Size and Street Right -of -Way Setback for a Proposed Hotel Located at 416 Prospect Street NE with Favorable Planning Commission Recommendation (g) Consideration for Approval of Resolution No. 14756 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Move in a Detached Garage in the C-3 Zoning District with Favorable Planning Commission Recommendation (i) Consideration for Approval of Items for 2nd Avenue SE Bridge Replacement (Letting No. 2, Project No. 18-02) 2 CITY COUNCIL MINUTES —AUGUST 22, 2017 1. Resolution No. 14761 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14762 - Resolution Receiving Report and Calling Hearing on Improvement 0) Claims, Appropriations and Contract Payments — Register A Items 7(c) and 7(f) were pulled for separate discussion. Motion by Czmowski, second by Forcier, to approve Consent Agenda I with the exception of the items noted. Motion carried unanimously. Item 7(c) had further discussion. Council Member Cook asked if the contractor or the school district had been in contact with the city engineer regarding this request. Council Member Cook feels this request is late and there really has been no communication with city staff. This area is still under construction and is under the control of the contractor at this time. There most likely will be parking issues as well. Motion by Cook, second by Lofdahl, to deny Item 7(c) Kent Exner clarified that the roadway is open to traffic but is far from complete construction. In addition, the contractor is up tight to deadlines and may need to work on Saturday. Dan Hatten, Police Chief, clarified that the church did make the request a while ago, but staff has been working on issues. The church also clarified that the event is happening on Sunday, August 27h and not Saturday August 26h as noted. Roll call vote was taken: Christensen — nay; Lofdahl — aye; Cook — aye; Czmowski — nay; Forcier — nay. Motion failed 3 to 2. Motion by Christensen, second by Czmowski, to approve Item 7(c) for Sunday, August 27'' from 12:00 — 3:00 p.m. Roll call vote was taken: Christensen — aye; Lofdahl — nay; Cook — nay; Czmowski — aye; Forcier — aye. Motion carried 3 to 2. Item 7(f) had further discussion. Council Member Cook noted that the Planning Commission noted that this item should be pulled from the consent agenda for some discussion due to the large scope of the project. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the applicant, the developer of Cobblestone Hotels, has submitted applications for a site plan review and two variances. The variance is being requested for the setback distance from the proposed hotel to the Hwy 15 right of way and a reduction in the parking stall size. Mr. Jochum noted that a few neighbors had concerns with the development. One of the concerns was the size of the development, however Mr. Jochum noted that this area is zoned commercial and the proposed development fits within the zoning requirements. Another concern was accommodating overflow parking. Mr. Jochum again noted that the parking being recommended fits within the zoning requirements. Motion by Cook, second by Lofdahl, to approve Item 7(f). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Christensen, second by Lofdahl, with Czmowski abstaining, to approve Consent Agenda IL Motion carried unanimously. CITY COUNCIL MINUTES —AUGUST 22, 2017 PUBLIC HEARINGS — 6:00 P.M. 9. ASSESSMENT HEARING AND PROJECT AWARD FOR CITY ALLEY 436 IMPROVEMENTS PROJECT (LETTING NO. 13, PROJECT NO. 17-13) (a) Resolution No. 14757 - Resolution Adopting Assessment (b) Resolution No. 14758 - Resolution Accepting Bid and Awarding Contract Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that Alley 436 is located between Main Street South and Hassan Street SE. The alley improvements will be by construction of pavement distress patching, milling, overlaying and appurtenances. One quote was received from Wm Mueller & Sons Inc. in the amount of $17,570.00. Motion by Czmowski, second by Cook, to close public hearing. Motion carried unanimously. Motion by Cook, second by Czmowski, to approve Resolution Nos. 14757 and 14758. Motion carried unanimously. 10. CITY ALLEY 452 IMPROVEMENTS PROJECT (LETTING NO. 14, PROJECT NO. 17- 14) (a) Resolution No. 14759 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14760 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a neighborhood meeting was held last week on this project. Alley 452 runs from 5th Avenue SE all the way south. The proposed project primarily consists of grading, bituminous surfacing and storm sewer installation work. A large portion of the improvements is proposed to be paid for with City maintenances and storm water utility funds. The remainder of the work is proposed to be funded through adjacent property owner special assessments. The project is proposed to begin in the Fall of 2017 and completed by the end of 2017. The anticipated bid opening date is scheduled for September 20, 2017, with the assessment hearing being held at the second Council meeting in September or first Council meeting in October. An Adams Street resident spoke before the Council and noted that no parking is allowed on Adams Street after November V. He asked that if alley is not completed before then that some leniency be given for parking on Adams Street. He also asked if, when the project is complete, if he will need to elevate his driveway as he planned previously due to current poor drainage. Lastly he asked about payment options and interest applied. John Barkus, Apostolic Church, presented before the Council. Mr. Barkus asked if this type of improvement has been done before that has benefitted property owners like this one. It was noted that one alleyway between 2nd and 3rd Avenue is similar, but this project is the most like to Alley 436 that had drainage work completed several years ago. Council Member Lofdahl noted that a storm sewer is in place on the alley he lives on but it is not paved. Motion by Christensen, second by Cook, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Lofdahl, to approve Resolution Nos. 14759 and 14760. 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 CITY COUNCIL MINUTES —AUGUST 22, 2017 11. REVIEW OF 2016 CITY ENERGY USAGE AND CONSERVATION EFFORTS John Paulson, Environmental Manager, presented before the Council. Mr. Paulson provided a brief overview of the 2016 energy usage data summary relative to specific City departments and ongoing energy conservation efforts. Information included baseline comparisons, City- wide electric use, and City-wide natural gas usage. 12. REVIEW OF TRUNK HWY 15/1\4AIN STREET RECONSTRUCTION PROJECT DOWNTOWN ALIGNMENT RECOMMENDATION Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the alternative of an offset TH15/1\4ain Street alignment was examined in the TH 15/Main Street Improvement Feasibility Study. MnDOT has provided the City a letter from the project design consultant recommending that the downtown roadway alignment be situated on true center of the existing corridor right-of-way for many reasons. The design consultant feels that the true center alignment will provide additional sidewalk to both sides of the Main Street corridor, with sidewalk increasing from 10.5 feet to approximately 13 feet wide on both the west and east side of the street. This centerline approach will allow for a more uniform approach to the streetscape improvements and create more opportunity to improve the grades for ADA compliance in the downtown corridor. In addition, Mr. Exner noted that MnDOT has taken the position that commerce activities are not allowed in MnDOT right-of-ways in District 8. This may be reviewed across the state in the future, but at this time that is MnDOT's position. Commerce activities mainly means restaurant use in right-of-ways. Council Member Cook voiced his frustration with inconsistencies from district to district. Motion by Cook, second by Christensen, to approve the true center alignment on TH15/Main Street. Motion carried unanimously. UNFINISHED BUSINESS NEW BUSINESS 13. APPROVE/DENY ORDINANCE NO. 17-776 — AN ORDINANCE AMENDING SECTION 154.141(0) — DYNAMIC SIGNS (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR SEPTEMBER 12, 2017) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that staff has received several requests from businesses requesting use of electronic or dynamic signs. Staff is suggesting that no dynamic signs be allowed within the Main Street Area District, but to allow dynamic signs in the C3 zoning district that are not within the Main Street Area District. This would include areas around the Liquor Hutch, Ace Hardware, VFW and the Depot. The signs would have to meet all of the requirements of the dynamic signs ordinance the City has adopted. In addition, staff recommends amending the ordinance to allow electronic signs in the C2, Il and I2 zoning district by right versus a conditional use permit. Mr. Jochum mentioned another revision in Section 0(6) that is being suggested. The section currently reads that there shall be no dynamic signs int e front setback area within 50 feet of a street intersection. Staff is proposing to amend that to within 20 feet of a street intersection. Motion by Lofdahl, second by Christensen, to waive first reading and set second reading and adoption of Ordinance No. 17-776 for September 12, 2017. Motion carried unanimously. Matt Jaunich, City Administrator, noted a new law has gone into effect that cities must post all proposed ordinances at least 10 days before final adoption. Therefore, this ordinance, and CITY COUNCIL MINUTES —AUGUST 22, 2017 all future ordinances, will be posted in the City Center lobby and on the City's web site prior to the second reading and adoption. 14. APPROVE/DENY ITEMS FOR SOUTH CENTRAL DRAINAGE AREA IMPROVEMENTS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that based on discussions held at the last Council meeting, staff is recommending that $250,000 of Stormwater Utility Funds be dedicated to address City ball field improvements. This effort is necessary to potentially deliver the South Central Drainage Area pond project in 2018. Please note that a Fall pond construction timeframe would allow for the vast majority of the normal Linden Park ball field use to occur prior construction work commencing. Parks representatives would like to start making modifications to existing ball fields this Fall to allow for an appropriate period of time to order/install equipment and accomplish grading/restoration efforts. Mayor Forcier asked about private retention ponds and maintenance of them. John Olson, Public Works Manager, addressed how various ponds are maintained. There are standards in place for private ponds that owners are expected to maintain. Motion by Cook, second by Czmowski, to approve utilization of $250,000 of Stormwater Utility Funds to address City ballfield needs. Motion carried unanimously. 15. APPROVE/DENY SETTING COUNCIL BUDGET WORKSHOP FOR SEPTEMBER 12, 2017 Matt Jaunich, City Administrator, noted that this budget workshop is to prepare for the 2018 budget. The workshop will focus on the preliminary budget and tax levy. Motion by Cook, second by Lofdahl, to set Council budget workshop for September 12, 2017, at 4:00 p.m. Motion carried unanimously. 16. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR SEPTEMBER 26, 2017, AT 4:30 P.M. TO REVIEW WASTEWATER TREATMENT FACILITY SOLAR ARRAY ITEMS Motion by Christensen, second by Lofdahl, to set Council workshop for September 26, 2017, at 4:30 p.m. Motion carried unanimously. 16.5 APPROVE/DENY ASSIGNMENT OF COPYRIGHT LICENSING AGREEMENT Matt Jaunich, City Administrator, noted that the Public Arts Commission has worked with Deb Zeller on a sculpture that is going to be placed in Oakland Cemetery. The artist would like to make additional castings of the sculpture to enter in various art shows and art walks which could lead to future sales. Since the artist did not formally retain ownership of the molds and rights to additional castings, the artist feels that the City owns the rights and she needs the City's permission before such castings could be undertaken. Therefore, this agreement gives the artist permission to create and sell additional castings of the sculpture and the maquette-sized sculpture. The agreement states that the artist will pay the City an amount equivalent to 25% of the remaining gross sales price of each casting of the sculptures sold. The funds will be transferred to the City's Public Arts Fund. Motion by Cook, second by Christensen, to approve licensing agreement. 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.) 17. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS CITY COUNCIL MINUTES —AUGUST 22, 2017 (a) Tall Grass/Noxious Weed Monthly Report for July 2017 (b) City of Hutchinson Financial Report and Investment Report for July 2017 (c) Hutchinson Housing and Redevelopment Authority Board Minutes from August 16, 2016 (annual meeting) and July 18, 2017 MISCELLANEOUS 18. STAFF UPDATES Kent Exner — Mr. Exner noted that Roberts Road west of School Road will not be surfaced by this Friday as planned, but is anticipated to be completed by the following Friday. The School/Roberts trail project is scheduled to begin on Monday. Hotel access road improvements will begin immediately following Labor Day weekend. TH 15/1\4ain Street community/public meeting being held this Thursday at 4:30 pm at Event Center. Post office drop-off box — contractor may be starting September 5h or 11'' on Parking Lot L When that work starts, the alley will be shut down for approximately one month. That means that post office box will not be able to be utilized in its current location. Matt Jaunich — Mr. Jaunich noted that the dog park design is planned to be considered at the first meeting in September, however the City did not receive the grant it had applied for. The aquatic center will be closing this Sunday. Mr. Jaunich commented on the UPONOR site visit in Apple Valley and voiced his pleasure and excitement in them expanding to Hutchinson. Mr. Jaunich also noted that City Center and staff has vast amounts of information available to residents on almost any topic related to the City. He encouraged residents to call him and his staff with any questions or concerns they may have. 19. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook suggested a placing a dynamic sign at City Center. He also asked that new police officers/firefighters/employees be introduced to the Council. Lastly, he mentioned that the "Parental Love" sculpture has been installed at the cemetery. Mary Christensen — Council Member Christensen commented that Hutchinson High School student Maggie Kleiman spoke at the unveiling of the capitol reconstruction. ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 8:00 p.m. Motion carried unanimously. 7