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06-12-2018 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 12, 2018 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 and practices, inputfirom 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 John Lofdahl, Steve Cook, Chad Czmowski and Mary Christensen. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Czmowski, second by Lofdahl, to approve Council agenda as presented. Motion carried unanimously. 2. INVOCATION — Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Lofdahl thanked all those who replaced their American flags for Memorial Day. Forcier recognized the Elks for the Flag Day ceremony held last night. (a) Presentation of MRPA Awards of Excellence 1. Hutchinson Wayfinding Signage Project 2. Rotary Park Community Build Playground Project 3. Hutchinson Aquatic Center Facility Project Joey Schugal, New Ulm Parks and Recreation and Bridget Lindeman, Minneapolis Park Board, representing Minnesota Recreation and Parks Association, presented before the Council. The representatives presented an MRPA Award of Excellence to Jim Wendling of Hutchinson Rotary for the Rotary Park Community Building Project. Mr. Schugal also presented an MRPA Award of Excellence to Dan Jochum of the City of Hutchinson and Mary Hodson of the Chamber of Commerce for the Hutchinson Wayfinding Signage Project. The representatives then presented and MRPA Award of Excellence to Dolf Moon and Mary Haugen of the City of Hutchinson for the Hutchinson Aquatic Center Facility Project. (b) Resolution No. 14904 — Resolution Accepting Cash Donation from Dirk Gaspar for Law Enforcement Memorial Fund Motion by Cook, second by Christensen, to approve Resolution No. 14904. Motion carried unanimously. PUBLIC COMMENTS (This is an opportunity for members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. Ifyou 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 speak for more than five minutes should ask to 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 CITY COUNCIL MINUTES JUNE 12, 2018 Bill Juaire, 805 Harrington Street, presented before the Council. Mr. Juaire spoke regarding the proposed HUC rate changes. Mr. Juaire noted that his residential rates will be going up, however the large commercial customers' rates will be going down drastically. He noted that his increase will be 20% of his utility bill. He believes these rate changes are unfair to the small residential and industrial customers. The large customers will see a substantial reduction. Morgan Baum, 925 Second Avenue SW, presented before the Council. Ms. Baum noted that she is speaking in regard to Item 11 — the invocation policy. Ms. Baum noted that although she is in favor of a moment of silence, she is in favor of the proposed policy. Craig Bishop, 221 Freemont Avenue, presented before the Council. Mr. Bishop asked what the Council will be discussing related to the invocation policy. The Council noted that there is currently no policy in place and therefore the Council will be discussing instituting a new policy related to establishing the invocation. Mr. Bishop expressed that he feels the way the invocation has been scheduled currently is favorable. Jerry Messner, 1392 Bradford Street, presented before the Council. Mr. Messner read excerpts and quotes from a biblical publication and was in favor of the invocation. John Grenn, 1391 Heritage Avenue NW, presented before the Council. Mr. Grind was in favor of the invocation. 6. APPROVAL OF MINUTES (a) Regular Meeting of May 22, 2018 (b) Budget Workshop of May 22, 2018 Motion by Czmowski, second by Lofdahl, to approve the 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 Parking Restrictions/Street Closure on V Avenue SE for Music in the Park Events (b) Consideration for Approval of Resolution No. 14892 — Resolution to Sell Surplus Property (office chairs) (c) Consideration for Approval of Resolution No. 14893 — Resolution to Sell Unclaimed Bicycles (d) Consideration for Approval of Street Closure for Riverside Church Event on June 20, 2018 (e) Consideration for Approval of RiverSong Music Festival Requests (f) Consideration for Approval of Change Order No. 2 — Letting No. 8, Project No. 17-08 (Wastewater Treatment Facility Membrane Bioreactor Cassettes Replacements) (g) Consideration for Approval of Agreements with ISD 4423 2 CITY COUNCIL MINUTES JUNE 12, 2018 1. Agreement Between the City of Hutchinson and ISD 423 Relating to the Establishment and Operation of a Jointly Sponsored Parks, Recreation and Community Education Program 2. Lease Agreement with ISD 423 for Use and Operation of Burich Arena 3. Facility Use Agreement with ISD 423 4. Agreement Between the City of Hutchinson and ISD 423 Relating to the Establishment and Operation of a Jointly Sponsored Grounds Maintenance Program (h) Claims, Appropriations and Contract Payments — Check Register A Motion by Czmowski, second by Christensen, to approve Consent Agenda L Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Lofdahl, second by Cook, with Forcier and Czmowski abstaining, to approve Consent Agenda IL Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 9. CITY ALLEY 417 IMPROVEMENTS PROJECT — LETTING NO. 7, PROJECT NO. 18-07 (a) Approve/Deny Resolution No. 14906 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Approve/Deny Resolution No. 14907 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. First, Mr. Exner spoke of special assessments for alley improvement projects. The current City Special Assessment Policy was reviewed with respect to alley improvements and it was noted that one-half of the costs of constructing new pavement in an existing alley or repaving existing paved alleys will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction or reconstruction of alleys or to assess costs using existing rate schedules. The estimated total project cost of this project is $64,856.00 which results in a rate of approximately $98.27. City staff is recommending that the targeted 50% parameter be utilized to be consistent with past projects and acknowledge that the City typically benefits from paved alleys existing (improved drainage, less regular maintenance efforts, dust control, etc.). Therefore, similar to how city street improvements are assessed, staff recommends that an assessment rate of $50.00/LF for bituminous alleys and $65.00/LF for concrete alleys be established for this project and included within the City's fee schedule document in the future. Also, similar to street projects, the City may assess for approximately 50% of necessary drainage improvements, storm sewer utilities and/or restoration costs. Exner noted that communication has been received that four out of the ten properties on both sides of the alley are not in favor of the project. On this project, Council Member Cook is suggesting that the costs be split in thirds with the City paying 1/3 and the property owners paying 2/3 due to the benefit mainly being of the property owners. Pat May, 645 Glen Street, presented before the Council. Mr. May noted he is in favor of the alley improvements. Andy Erickson, 616 Franklin Street, presented before the Council. Erickson stated that he, as CITY COUNCIL MINUTES JUNE 12, 2018 well as two other property owners that are not present this evening, are in favor of the alley improvements. Motion by Czmowski, second by Christensen, to close public hearing. Motion by Czmowski, second by Lofdahl, to approve Resolution Nos. 14906 and 14907. Council Member Cook asked when the discussion will be held regarding funding the project. Exner noted that the assessment roll will be reviewed prior to the award of the project. Matt Jaunich noted two more actions will be taken regarding this project — one to accept the bid and one to award the project. Exner noted that he would intend to proceed as presented with the 50% split between property owners and the City. Cook asked if the assessment policy will be updated to include alleys in a more clear way. Cook suggested that the alley assessment policy include a split between the City to be 1/3 and the property owners be 2/3. He believes that the main benefit is to the property owners so their share should be higher. Cook asked that the Council consider a 1/3 — 2/3 split between the City and the property owner for this project. Czmowski expressed perhaps that should be discussed after the approval of this project. Jaunich explained that staff could put together rate structures with the 50150 and the 66/34 for the Council to consider at the next meeting. City Attorney Marc Sebora noted that assessments cannot be awarded at a higher amount than originally presented. Cook suggested perhaps the item be tabled until the Council can determine the assessment rates and be instituted into a policy. Czmowski thinks that a policy change can occur after this project. Exner noted he would rather have policy decisions made now prior to delivering a project. Roll call vote was taken: Christensen — nay; Lofdahl — aye; Cook — nay; Czmowski — aye; Forcier - aye. Motion carried 3 to 2. 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. DISCUSSION OF HUTCHINSON UTILITIES COMMISSION RATE CHANGES Matt Jaunich, City Administrator, noted that on June 4, 2018, the Hutchinson Utilities Commission officially notified the City that they would be changing their electric and gas rates for 2018 and 2019. This notification was provided to the City pursuant to Section 11.04 of the City Charter. If the Council would have any desire to veto the rate changes, the Council has 30 days to do so. Council Member Lofdahl feels that the large industrial break is due to bonding. He noted that the kilowatt rates and natural gas rates are actually going down. Council Member Cook noted that this is one of the biggest responsibilities of the Council when it comes to the Hutchinson Utilities Commission and asked that a meeting be held between HUC and the City for the HUC to provide more details on the rate changes. He noted that low users end up seeing more of an increase because of the fixed charges. Lofdahl was in favor of a meeting being held for questions to be clarified. Matt Jaunich noted he will work with the HUC Manager on scheduling a joint meeting with the HUC Board. 11. DISCUSSION OF INVOCATION POLICY Matt Jaunich, City Administrator, noted that based on direction from the last Council meeting, he has put together a policy on administering the invocation. The policy is for discussion only at this time. This policy would replace the use of the Hutchinson Ecumenical Ministerial Association delivering the invocation and staff would follow a procedure on establishing the rotation of the invocation schedule. Council Member Lofdahl spoke on areas of the policy that he liked and was overall very comfortable with what is being presented. Council Member Cook suggested that "other representatives" delivering the invocation be removed from the policy and simply keeping it to religious leaders. Cook also suggested removing the section 11 CITY COUNCIL MINUTES JUNE 12, 2018 that allows for representatives from individuals outside of the city being allowed to provide the invocation. Cook suggested limiting the invocation to two times per organization. As part of the policy, an invitational letter would be sent out that includes the guidelines in providing the invocation and the policy itself. The policy will be before the Council at its next meeting for consideration. UNFINISHED BUSINESS 12. APPROVE/DENY ORDINANCE NO. 18-783 - ORDINANCE REVISING CHAPTER 90 OF HUTCHINSON CITY CODE — RIGHT OF WAY (SECOND READING AND ADOPTION) John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that the first reading of this ordinance was held at the last Council meeting. In addition, a public hearing was held at the Planning Commission meeting in April. Comments that were received at that time were considered by staff when drafting the current language being considered. The changes made to the ordinance are in response to Minnesota legislation that was adopted during the 2017 session requiring cities to accommodate small cell use of the right-of-way. The current Chapter 90 would be repealed and replaced with the proposed right-of-way ordinance. Council Member Cook had put forth several questions to staff today regarding the revisions to this ordinance as well as to Ordinance No. 18-784 related to telecommunications. Staff responded late this afternoon and Council Member Cook has not been able to review the responses. Motion by Cook, second by Christensen, to table the second reading and adoption of Ordinance Nos. 18-783 and 18-784 to June 26, 2018. Motion carried unanimously. 13. APPROVE/DENY ORDINANCE NO. 18-784 - ORDINANCE REVISIONS CHAPTER 154.119 OF HUTCHINSON CITY CODE — TELECOMMUNICATIONS (SECOND READING AND ADOPTION) See action above. NEW BUSINESS 14. APPROVE/DENY ACCEPTANCE OF MASTER PARK PLAN PROPOSAL Matt Jaunich, City Administrator, explained that one of the Council's strategic planning goals identified was to develop a Master Plan for the Parks and Recreation Department. The last Master Plan was written in 1979. A Parks and Recreation section was added to the City's comprehensive plan in 2013. A proposal has been submitted by Hoisington Koegler Group Inc. and staff is recommending to enter into an agreement with the firm. This firm has provided the City several plans including the Downtown Revitalization Master Plan, Downtown Action Plan and the Wayfinding and Signage Master Plan. Their familiarity with Hutchinson will be an asset in developing the plan. The Parks and Recreation Master Planning process will help guide park development, facilities, programs and capital investment planning well into the future. Motion by Cook, second by Czmowski, to accept Master Park Plan proposal from Hoisington Koegler Group Inc. Motion carried unanimously. 15. APPROVE/DENY SETTING SPECIAL CITY COUNCIL MEETING ON JULY 2, 2018, TO AWARD CENTURY AVENUE SE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 18-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that bids are scheduled to be opened on June 22, 2018, for the Century Avenue SE reconstruction project. Following the opening of the bids, they need to be reviewed by Mn/DOT. The intention is to have CITY COUNCIL MINUTES JUNE 12, 2018 the project awarded sooner than later to have the project commence as soon as possible following Mn/DOT approval and prior to the July 10�' Council meeting. Motion by Christensen, second by Lofdahl, to set special City Council meeting for July 2, 2018, at 8:00 a.m. to award Century Avenue SE Reconstruction Project. Motion carried unanimously. Exner noted that if Mn/DOT approvals are not received in a timely manner, the meeting will need to be canceled and that will be decided by June 29, 2018. 16. APPROVE/DENY SETTING LIQUOR LICENSE VIOLATION HEARING FOR SONORA'S MEXICAN RESTAURANT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in 2017 Sonora's Mexican Restaurant had an illegal sale of liquor to a minor which constitutes a liquor license violation. City code allows the license holder to request a hearing to a subcommittee of the Council to contest the violation and they have requested such a hearing. Christensen and Cook were selected to the subcommittee. Motion by Cook, second by Christensen, to set liquor license violation hearing for Sonora's Mexican Restaurant for July 2, 2018, at 3:30 p.m. Motion carried unanimously. 17. APPROVE/DENY SANCTIONS FOR TOKYO GRILL LIQUOR LICENSE VIOLATION Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Tokyo Grill also had a liquor license violation in 2017 when an illegal sale of alcohol was made to a minor. Tokyo Grill has not requested a hearing and therefore, the Council can impose sanctions, if any, on Tokyo Grill for the violation. Under city code, the penalties that the City Counciil can impose on a license holder include: civil penalty up to $5000; suspension of the license for a period of time as the Council sees fit; revocation of the license. The Council has also required license holders to conduct employee training and install identification readers among other things. Mr. Sebora explained that based on previous sanctions imposed on first-time liquor license violators, staff is recommending that the following be imposed upon Tokyo Grill: $500 fine, conduct mandatory training to all employees on liquor license laws and provide proof of training to City administration by July 31, 2018; purchase age -identification device and provide proof of purchase to City administration by July 31, 2018. Motion by Lofdahl, second by Cook, to set the sanctions as recommended by staff noted above for Tokyo Grill liquor license violation. Motion carried unanimously. 18. APPROVE/DENY 2018 AIRPORT IMPROVEMENTS PROJECT ITEMS — 2018 AIP 8-UNIT T- HANGAR CONSTRUCTION (LETTING NO. 15, PROJECT NO. 18-15) (a) Resolution No. 14902 — Resolution for Authorization to Execute Federal Aviation Administration and Minnesota Department of Transportation Documents on Behalf of the City of Hutchinson Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that plans and specifications have been developed and bids were received for the 8-unit T-Hangar project. The bidding was split into two schedules: Schedule 1 = site preparation, foundation and Schedule 2 = hangar construction. Kraemer Trucking and Excavating Inc. was the low bidder. The Airport Commission reviewed the project and indicated the best option would be to do the project, provided pavement maintenance, specifically seal coating the runway, could be accounted for. Their priority was to maintain the excellent condition of the existing infrastructure. The total project cost is $932,817.25 with total federal funds being $827,089.00 and total state funds being $45,949.39. The local match for the City required for this project is $59,768.86. Seal coating the runway will cost about $85,000. Currently state maintenance grants are 70% Mn/DOT, 30% local, so local costs will be $25,500 which could be taken from infrastructure maintenance funds. CITY COUNCIL MINUTES JUNE 12, 2018 Motion by Cook, second by Forcier, to approve Resolution No. 14902. Motion carried unanimously. 19. APPROVE/DENY PROJECT AWARD FOR 2018 STREETS SEAL COATING PROJECT LETTING NO. 6, PROJECT NO. 18-06) a) Resolution No. 14905 - Accepting Bid and Awarding Contract Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that three bids were received for this project with the low bid coming in from Pearson Bros. Inc. in the amount of $186,216.80 which was approximately 22.5% lower than the final engineer's estimate. The project's total cost is accounted for within the City's proposed 2018 Infrastructure Improvement Program. A change order will be coming before the Council in the future for additional work due to the substantially low bid. Motion by Lofdahl, second by Czmowski, to approve Resolution No. 14905. Motion carried unanimously. 20. APPROVE/DENY RE -SETTING AUGUST 14, 2018, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION Matt Jaunich, City Administrator, explained that the August 14, 2018, City Council meeting falls on primary election day and state law mandates that no public meetings be held between 6:00-8:00 p.m. Motion by Czmowski, second by Christensen, to re -set August 14, 2018, City Council meeting to begin 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.) 21. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Public Library Board Minutes from April 23, 2018 MISCELLANEOUS 22. STAFF UPDATES Kent Exner — Mr. Exner acknowledged the City of Litchfield with their assistance in the storm cleanup a few weeks ago. He also noted that the fountain at the Crow River Dam is out due to a pumping issue Matt Jaunich — Mr. Jaunich announced that Hutchinson Health is sponsoring three free evenings at the aquatic center over the summer - June 21, July 19 and August 9 from 5:00-8:00 pm. Mr. Jaunich also reminded the Council of the workshop scheduled prior to the next Council meeting with the HRA on workforce housing. Dolf Moon — Mr. Moon explained that the fountain at library square is on the schedule to be repaired, however there have been several delays due to the weather and the schedule of the contractor. 23. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook noted that the Luce Line Trail paving is out for bid and 7 CITY COUNCIL MINUTES JUNE 12, 2018 completion is scheduled for October V. The portion of this project runs from where the pavement ends east of Cable Avenue to the curve south to the Lester Prairie airport and then runs east north of the runway to connect with the piece that comes out on County Road 1. He also noted that Margaret Donahoe, Chair of Move MN, emailed the council members and asked for support of federal dollars for the Hwy 212 corridor. The Mayor and City Administrator will sign a letter of support on behalf of the city. Kent Exner explained the necessity of the need for federal dollars. He noted lastly that the Sculpture Stroll brochures are published and have been distributed. Chad Czmowski — Council Member Czmowski reviewed highlighted events for this week's Water Carnival festivities. Mary Christensen — Council Member Christensen asked when the trees in South Park that came down in the storm will be removed. Dolf Moon noted they will be removed by tomorrow noon. Christensen also reminded everyone that reading in the park at the public library is held on summer long. She noted that a car show is being held this Saturday from l0am-2pm along the river. Gary Forcier — Mayor Forcier asked that residents clean out storm drains in their neighborhoods. He also provided an update on the 2nd Avenue SE bridge. ADJOURNMENT Motion by Christensen, second by Forcier, to adjourn at 7:55 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator