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09-25-2018 CCM HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 25, 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, input from 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 Christensen, second by Cook, to approve agenda as presented. Motion carried unanimously. 2. INVOCATION – Vineyard United Methodist Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council’s preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Christensen thanked all those who took part of the cemetery tour held this past Sunday. (a) Resolution No. 14948 – Resolution Accepting Donation from Hutch Health Hospital Auxiliary ($1000 to Hutchinson Fire Department) Motion by Cook, second by Lofdahl, to approve Resolution No. 14948. 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. 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 5 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 6. APPROVAL OF MINUTES (a) Regular Meeting of September 11, 2018 (b) Special Workshop of September 11, 2018 Motion by Czmowski, 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 (a) Consideration for Approval of Lease Agreement with RD Machine for Hutchinson Enterprise Center CITY COUNCIL MINUTES – SEPTEMBER 25, 2018 (b) Consideration for Approval of Out of State Travel for Police Chief Dan Hatten to Attend the International Chiefs of Police Association Training Conference in Orlando, Florida, from October 5 – 10, 2018 (c) Consideration for Approval of Resolution No. 14952 – Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit and Site Plan for a Drug Store in a C-4 Zoning District Located at 1460 Montreal Street SE with Favorable Planning Commission Recommendation (d) Consideration for Approval of Issuing Short-Term Gambling License to ISD 423 Foundation (e) Consideration for Approval of Improvement Project Change Orders and Supplemental Agreements 1. Change Order No. 1 – Letting No. 4, Project No. 18-04 (2018 Pavement Management Program) 2. Change Order No. 1 – Letting No. 10, Project No. 18-10 (Trail & Parking Improvements) 3. Change Order No. 1 – Letting No. 13, Project No. 18-13 (2018 Lift Station Improvements) (f) Claims, Appropriations and Contract Payments Motion by Lofdahl, second by Cook, to approve Consent Agenda. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 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.) UNFINISHED BUSINESS NEW BUSINESS 8. APPROVE/DENY AMENDING BOBBING BOBBER BREWING COMPANY’S TAPROOM LICENSE TO INCLUDE LIQUOR CONSUMPTION IN OUTSIDE SEATING AREA Matt Jaunich, City Administrator, explained that Bobbing Bobber Brewing Company has requested to amend their taproom license to allow for consumption of alcohol at picnic tables outside of their establishment. Motion by Czmowski, second by Lofdahl, to approve amending taproom license for Bobbing Bobber Brewing Company to include outside seating area. Council Member Cook noted that there is no identified designated area outside with delineation and asked if that should be physically marked in the area. Mayor Forcier and Council Member Czmowski noted that they were comfortable with the request and didn’t feel that anything needed to be physically marked. Matt Jaunich noted that Bobbing Bobber Brewing Company will need to renew their license annually so if there are issues that would be a good time to address them. Motion carried unanimously. 9. APPROVE/DENY AGREEMENT FOR ENVIRONMENTAL PERMITTING LEGAL SERVICES Kent Exner, City Engineer, explained that in late June the City received notification from the MPCA regarding new proposed wastewater effluent limits that would be included in the reissuance of the City’s NPDES wastewater discharge permit. The permit included limits for some parameters that were previously “monitor only” and did not have numeric limits. The monthly average Phosphorus limit being proposed was also much lower than the current limit. City staff has 2 CITY COUNCIL MINUTES – SEPTEMBER 25, 2018 remained engaged with MPCA permitting staff to collect and review any pertinent information that affects the development of these limits. The City is a MESERB member which includes permit review services by Flaherty & Hood that is a high level analysis of the proposed permit limits and includes limited support in responding the MPCA’s initial Permit Development letter. The MESERB review service does not include a full comprehensive delve into the data used to develop 7Q10 flow. Staff believes it would be very beneficial to utilize the environmental permitting legal services of Flaherty & Hood for a not-to-exceed amount of $5000. This is the first step in what will be a lengthy permitting process. Additional technical support and further evaluation of the nutrient removal potential of the wastewater plant will be needed to fully understand the options available to meet the final limits that have yet to be established. Motion by Cook, second by Lofdahl, to approve agreement for environmental permitting legal services. Motion carried unanimously. 10. APPROVE/DENY PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC. FOR LAKES AND RIVER BASIN PRELIMINARY ENGINEERING STUDY Kent Exner, City Engineer, noted that over the last two years staff has been working to analyze and assess the existing conditions of Hutchinson’s public waters. These efforts included surveying the entire water body above the dam to where the river discharges to the lake west of the city. Data collected included depths, extent of vegetation growth and types, depth of sediment and its chemistry and a historical review of information related to the water bodies. John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that the information collected has indicated that the public waters in Hutchinson could be improved for both recreational and environmental uses. The next step in project development is to conduct preliminary engineering that will involve a comprehensive evaluation of existing conditions, develop project goals and objectives and to prepare a preliminary concept plan and cost estimates. Upon completion of the study there will be a need to determine if further project development is desired. The next steps beyond this study effort would be to pursue funding opportunities and begin development of environmental assessment and/or impact statements. WSB is a leader in the development and delivery of these types of projects in recent years. The most recent project of note has been the Mill Pond Restoration in the City of Champlin. The proposed agreement with WSB is not-to-exceed $31,200. Motion by Cook, second by Czmowski, to approve professional services agreement with WSB & Associates, Inc. for lakes and river basin preliminary engineering study. Motion carried unanimously. 11. APPROVE/DENY ORDINANCE NO. 18-790 – AN ORDINANCE AMENDING SECTION 154.004 AND SECTION 154.064(C) OF CITY CODE ALLOWING DOG DAYCARE BOARDING FACILITIES BY CONDITIONAL USE PERMIT IN THE C-4 (FRINGE COMMERCIAL DISTRICT) AND AMENDING THE DEFINITION OF DOG DAYCARE TO SECTION 154.004 WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR OCTOBER 9, 2018) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that Dana’s Dog Spa is requesting an amendment to the zoning ordinance to allow dog daycare boarding facilities by conditional use permit in the C-4 district. Mr. Jochum noted that there has been a demand within the last five years for dog boarding facilities that are much smaller in scale than a commercial kennel. The requester has been running a successful dog spa/grooming facility in Hutchinson for many years. The daycare/boarding concept is something that the requester has been seeing increased demand for over the past few years. 3 CITY COUNCIL MINUTES – SEPTEMBER 25, 2018 The proposed ordinance amendment would allow up to 12 dogs on site at any given time for the purposes of the daycare/boarding portion of the business. The amendment requires indoor kennel runs and does not allow outdoor kennel runs. A fenced outdoor exercise area would be required and any dogs outside need to be under the supervision of a staff person. In addition, dogs would not be allowed outside between 9:00 pm and 8:00 am unless there is an emergency for a sick dog or something similar. Mr. Jochum explained that staff feels dog daycare boarding facilities are very similar to the scope and size to what a veterinarian might have in a vet clinic located in a C-4 District. Staff feels this is a reasonable request and proposes the following ordinance amendment. The planning commission requested the hours be changed to no dogs outside between 10:00 pm and 7:00 am. Motion by Czmowski, second by Christensen, to waive first reading and set second reading and adoption of Ordinance No. 18-790 for October 9, 2018. Motion carried unanimously. 12. APPROVE/DENY ORDINANCE NO. 18-791 – AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY HUTCHINSON TECHNOLOGY INC AND UPONOR LOCATED IN HUTCHINSON TOWNSHIP, SECTION 32 WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR OCTOBER 9, 2018) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the property owners are requesting annexation of property for the purpose of a possible future public street in this location. The access road off Hwy 7 has historically been one of the primary access points to Hutchinson Technology Inc. Now that Uponor is in a former HTI property the volume of vehicles to both HTI and Uponor has increased. Annexing the land into city limits is the first stop required to turn the access road into a city street. A second separate process is required for the property owners and the City to move forward with the public street concept. Mr. Jochum noted that no tax payments are required to be paid to the township as the county does not have a value placed on this parcel. Motion by Lofdahl, second by Christensen, to waive first reading and set second reading and adoption of Ordinance No. 18-791 for October 9, 2018. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 14949 – RESOLUTION SETTING HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY 2019 PRELIMINARY TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that this preliminary levy must be set by September 30, 2018, in accordance with state law. The HRA board is requesting a 2019 tax levy in the amount of $186,023 which is an 8.6% increase over the 2018 levy. This tax levy will fund the 2019 operations of the HRA. The HRA’s 2018 tax levy requested was $1289 below the statutory limit. The HRA’s statutory levy limit is based on .0185% of the City’s 2018 Estimated Market Value of $1,005,529,700. Council Member Cook noted that under Other Expenses the Project fund has an asterisk next to it and shows an increase from last year. Council Member Cook inquired what the significance of the asterisk was. Mr. Reid noted he will find out the information from the HRA’s Executive Director. Motion by Cook, second by Czmowski, to approve Resolution No. 14949, setting Hutchinson Housing & Redevelopment Authority 2019 Preliminary Tax Levy in the amount of $186,023. Motion carried unanimously. 14. APPROVE/DENY RESOLUTION NO. 14950 – RESOLUTION SETTING HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY 2019 PRELIMINARY TAX LEVY 4 CITY COUNCIL MINUTES – SEPTEMBER 25, 2018 Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that this preliminary levy also must be set by September 30, 2018, in accordance with state law. The EDA board is requesting a 2019 tax levy in the amount of $182,303 which is a 7.7% increase over the 2018 levy. This tax levy will fund the 2019 operations of the EDA. The amount being requested is the statutory limit allowed by law. The EDA’s statutory levy limit is based on .01813% of the City’s 2018 Estimated Market Value of $1,005,529,700. Motion by Czmowski, second by Christensen, to approve Resolution No. 14950, setting Hutchinson Economic Development Authority 2019 Preliminary Tax Levy in the amount of $182,303. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 14951 – RESOLUTION APPROVING THE GENERAL FUND AND DEBT SERVICE FUND PRELIMINARY 2019 TAX LEVIES Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the City must certify a preliminary 2019 tax levy to McLeod County by September 30, 2018, for the general fund and debt service funds. The final tax levy will be set in December. Mr. Reid reminded the Council that at the workshop held on September 11, 20187, the total tax levy was projected to increase 3.1% consisting of a 4.5% general fund levy increase and no increase to the debt levy. The general fund budget is currently balanced with the 4.5% levy increase. Since the workshop, staff has received the estimated 2019 tax capacity from the county, totaling $10,893,013. This represents an 8.9% increase over 2018 and the workshop presentation included a conservative 3% increase. The 8.9% increase is very positive as the City is starting to see new value added to its tax base. Mr. Reid provided a revised analysis of the tax impact on the median home value. A 3.1% total tax levy increase results in a 3.8% reduction to the tax rate. Staff also adjusted the median home value up to $160,000 was discussed at the workshop. The increased tax capacity essentially offsets the increased home valuation. The median home could see a $26 increase in City taxes with a 3.1% levy increase. The preliminary budget includes a 2% shift in the pay grid, a 5% increase in workers compensation rates and no increase in the health premiums. There will be minor increases to dental, life and long term disability rates for the final budget. Impact from the open enrollment for health and dental coverage will also be known for the final budget. The debt levy remains flat since the City is at the current target levy of $2,200,000 per the debt management plan. The revised debt plan calls for a $400,000 per year increase in funding for street improvements, starting in 2016, but the debt tax levy will remain at $2.2 million until 2023, at which point moderate increases will be needed to reach the new target debt levy of $2.6 million in 2032. Motion by Lofdahl, second by Cook, to approve Resolution No. 14951, setting City of Hutchinson total tax levy in the amount of $7,332,849. Motion carried unanimously. 16. APPROVE/DENY SETTING TRUTH-IN-TAXATION HEARING FOR DECEMBER 4, 2018, AT 6:00 P.M. Motion by Christensen, second by Lofdahl, to set truth-in-taxation hearing for December 4, 2018, at 6:00 p.m. Motion carried unanimously. 17. APPROVE/DENY SETTING HEARING BEFORE THE COUNCIL REQUESTED BY PETER NEUBAUER TO CHALLENGE DENIAL OF FOOD VENDOR LICENSE Matt Jaunich, City Administrator, reminded the Council that at the last City Council meeting Peter Neubauer’s food vendor license was denied. Per City Code, the applicant has a right to a hearing before the Council to challenge the denial. Motion by Czmowski, second by Lofdahl, to set hearing for October 23, 2018, at 4:00 p.m. before the Council as requested by Peter Neubauer to challenge denial of food vendor license. Motion carried unanimously. GOVERNANCE 5 CITY COUNCIL MINUTES – SEPTEMBER 25, 2018 (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.) 18. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Tall Grass/Noxious Weed Monthly Report for August 2018 (b) Hutchinson Housing & Redevelopment Authority Board Minutes from August 21, 2018 (c) City of Hutchinson Financial Report and Investment Report for August 2018 (d) Planning Commission Minutes from August 21, 2018 MISCELLANEOUS 19. STAFF UPDATES nd Kent Exner – Mr. Exner provided some project updates: 2 Avenue Bridge is still pushing ahead – inclement weather has delayed the project a bit with the bridge opening anticipated for October 5, 2018; Century Avenue Phase 3 is in process; Pavement Management Program is delayed due to the weather and the soils are very wet; South Central Drainage Area Phase 1 – public open house/neighborhood meeting next Wednesday at the City Center – Mr. Exner noted that the ponding in this area will most th likely be similar to the pond at Northwoods Park; Leaf vacuuming starts October 9 Matt Jaunich – hard good pick up this Saturday; Creekside open house this Thursday from 4:00-7:00 pm 20. COUNCIL/MAYOR UPDATE Steve Cook – Council Member Cook noted that he has been contacted regarding South Grade Road bridge on the south side where people can walk down to go fishing. He asked if more gravel could be laid down at the base where people stand/sit to fish. Chad Czmowski – Council Member Czmowski noted that the second meeting in December is scheduled for December 25, 2018, Christmas Day, and he suggested that discussions begin about canceling it or rescheduling. Matt Jaunich noted that topic will be on a Council agenda in October. Council Member Czmowski also noted for those that wish to take the survey regarding the City’s park system, there is still a little bit of time. Mary Christensen – Council Member Christensen reminded residents that this Saturday is the hard goods pick up; she also noted that she, the mayor and Matt Jaunich will be attending a LMC regional meeting next week; Christensen also asked if the trees/limbs are going to be cleaned up before the snow flies and the freeze occurs. Kent Exner noted that the flow is high at this time and clean up could occur naturally. Exner explained that this area is mother nature’s spillway and he asked of the Council how proactive they would like staff to be on cleaning up this area. Exner noted that of course if there is garbage or debris, that would be cleaned up, but his feeling is this area is mother nature’s area of trees and branches. The Council felt that if the area gets heavily filled with trees and limbs then staff should thin the area out. Exner proposed that we see what the winter/spring brings for the area being cleaned up naturally, and if the area seems to be too thick come next summer, staff will take care of thinning the area out. th John Lofdahl – Council Member Lofdahl noted that the property at 141 5 Avenue NE has been removed. Lofdahl also noted that emerald ash borer is in Wright County and he feels that the City might want to spend more money on that front since it is getting closer to Hutchinson. Gary Forcier – Mayor Forcier noted that Dave Skaar’s term is up on the Airport Commission and he is eligible for reappointment. If there are no objections, Mayor Forcier intends to reappoint him at the next meeting. 6 CITY COUNCIL MINUTES – SEPTEMBER 25, 2018 ADJOURNMENT Motion by Czmowski, second by Lofdahl, to adjourn at 6:55 p.m. Motion carried unanimously. ATTEST: ________________________________ __________________________________ Gary T. Forcier Matthew Jaunich Mayor City Administrator 7