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04-26-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 26, 2016 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, 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 Chad Czmowski, Bill Arndt, Mary Christensen and John Lofdahl. 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 Matt Jaunich noted that Item 17.5 will be added to the agenda. A change order needs to be considered for Letting No. 1. Motion by Arndt, second by Christensen, to approve the agenda with the additional item 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 Council Member Arndt recognized the passing of former Council Member John Mlinar. Mr. Mlinar served on the City Council for more than 20 years. 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 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 April 12, 2016 Motion by Czmowski, second by Lofdahl, 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 Purchase Order for 2016 Street/Pavement Repairs (b) Consideration for Approvals and Permits for the 74th Annual Hutchinson Jaycee Water Carnival for June 13 — 19, 2016 (c) Consideration for Approval of Wedding Event in West River Park on September 24, 2016 (d) Consideration for Approval of Issuing Short -Term Gambling License Application to Saturday Night Car Cruisers Club from June 1 — December 31, 2016, at Hutchinson Mall CITY COUNCIL MINUTES APRIL 26, 2016 (e) Consideration for Approval of a Sketch Plan for Three 29 Unit Apartment Buildings Located at 1315 Montreal Street SE (f) Consideration for Approval of Issuing Carnival Permit to J&K Amusements for June 2 - 5, 2016, in Hutchinson Mall Parking Lot (g) Consideration for Approval of Issuing Short -Term Gambling License to Minnesota Holstein - Friesian Breeder's Association on November 19, 2016, at McLeod County Fairgrounds (h) Claims, Appropriations and Contract Payments Motion by Lofdahl, second by Christensen, 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) HUTCHINSON HEALTH ANNUAL REPORT — DR. STEVE MULDER Dr. Steve Mulder presented before the Council. Dr. Mulder provided an annual report on the hospital organization. Dr. Mulder provided statistics on staffing, procedures and financials. Dr. Mulder spoke about mental health issues and how Hutchinson Health is responding to the issues. 9. PRESENTATION ON MCLEOD COUNTY HISTORICAL PRESERVATION DEVELOPER POSITION Lori Pickell-Stangel and Christina Miller, McLeod County Historical Society, presented before the Council. Ms. Pickell-Stangel noted that McLeod County has agreed to fund the historical preservation developer position, however they are asking for municipal support throughout the county. Ms. Pickell-Stangel indicated how the position would support individual city needs. Christina Miller explained that Hutchinson is the fifth community they have visited informing them what kind of services they can provide to the city related to historical preservation. Ms. Pickell- Stangel distributed a letter of support for the City to consider signing off on that can be forwarded to the McLeod County Board of Commissioners. The letter of support will be before the council at its May 10, 2016, Council meeting. UNFINISHED BUSINESS 10. APROVE/DENY ORDINANCE NO. 16-0757 - AN ORDINANCE AMENDING CHAPTER 54 (STORM WATER MANAGEMENT) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 54.23 (SECOND READING AND ADOPTION) Kent Exner, City Engineer, presented before the Council. Mr. Exner reminded the Council that the ordinance was before them at their last meeting. The revisions to the ordinance are required as part of the City's MS4 permit. 2 CITY COUNCIL MINUTES APRIL 26, 2016 Motion by Lofdahl, second by Czmowski, to approve second reading and adoption of Ordinance No. 16-0757. Motion carried unanimously. 11. APPROVE/DENY SITE PLAN AND CONDITIONAL USE PERMIT AS REQUESTED BY MIDCOUNTRY BANK LOCATED AT 210 HASSAN STREET Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that MidCountry Bank has submitted an application to construct a bank drive-through. Mr. Jochum noted that this item had been before the Council in March however was tabled for the Planning Commission to make some further considerations. Since the Planning Commission met on this item again at its April meeting, the plan has been revised. The revised plan includes moving alley traffic to move north to south instead of south to north and moving the post office box to the east side of the alley. This allows for more parking spaces in the public parking lot and better traffic flow. The post office has raised some concerns and has requested that a crosswalk be painted in the alley for safe walking for post office employees. In addition, they are requesting that truck traffic be allowed to travel north in the alley for deliveries to their location. Mr. Jochum noted that this practice is done today in other alleys for logistical purposes. Mr. Jochum explained that the revised site plan and conditional use permit was approved by the Planning Commission by a 3-2 vote. Craig Almquist, MidCountry Bank, presented before the Council. Mr. Almquist noted that traffic counts had been conducted at the south branch drive thru. The counts indicated approximately 15 cars per hour. Council Member Lofdahl noted that with the underground tube systems they will be on city property and therefore a franchise will be needed. The post office box most likely will not need a franchise because it will be located in the right of way. Council Member Czmowski asked if 15 minute parking stalls could be located on the west end of the parking lot. Kent Exner, City Engineer, explained that staff has been hesitant installing this type of signage throughout parking areas in the city. Mr. Exner felt that a more in-depth analysis of downtown parking and the location of such time-limited parking should be located throughout the entire downtown. Diane Robinson, post office, presented before the Council. Ms. Robinson has concerns about her safety having to cross the alley to collect the mail when the box is moved to the east side of the alley. Council Member Lofdahl feels the new plan is safer than it is now with the traffic flowing to the south. Michelle Monahan -Reno, postmaster, presented before the Council. Ms. Monahan -Reno noted that this mailbox has the heaviest volume out of all the boxes throughout the city. Ms. Monahan -Reno noted that the post office delivery trucks will have to go the wrong way in the alley to get to the post office loading docks and she wanted the city aware of that. Matt Jaunich, City Administrator, suggested that a condition be included regarding the franchise for the tubes. 3 CITY COUNCIL MINUTES APRIL 26, 2016 Motion by Arndt, second by Czmowski, to approve site plan and CUP with condition that franchise be entered into for tube system. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY LABOR AGREEMENT BETWEEN THE CITY AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION Matt Jaunich, City Administrator, explained that the agreement before the Council is for 2015-2016. An arbitrator ruled on this agreement therefore the Council really has no option to revise any portion of the agreement. Two changes were imposed by the arbitrator which included Article 19, adding language stating that all employees are eligible for all increases regardless of whether discipline has been imposed and the pay grid for the position of police officer will increase from 2.25% in 2015 and 2.25% in 2016. Motion by Christensen, second by Czmowski, to approve labor agreement between the City and Minnesota Public Employees Association. Motion carried unanimously. 13. APPROVE/DENY AUTHORITY TO SEEK ACTION AGAINST STATE OF MINNESOTA PERTAINING TO MUNICIPALS DELEGATION AGREEMENTS FORPUBLICBUILDINGAND STATE -LICENSED FACILITIES Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that a contract has been in place since 1993 and renewed in 2005 with the State of Minnesota authorizing the City's building official to conduct building inspections of public facilities and state -licensed facilities within the City. This agreement allows for consistency throughout the city when it comes to building inspections along with allowing the City the opportunity to collect the fees for those facilities. The State is now saying that the contract is with the former building official specific and not the City in general although no formal notice has been presented to the City on this matter other than a memo from the State's regional supervisor. The State has went on to say that the current building official does not meet the qualifications, which is not true, and therefore did not approve his application for a delegation agreement. Mr. Jaunich again reminded the Council that the State never sent official notice that the current delegation agreement was revoked nor has the City been given an opportunity to remedy any deficiencies as required by state law. Staff is asking for permission from the Council to seek action from an administrative law judge on the Minnesota Department of Labor & Industry for three reasons: the belief that the Department of Labor is in violation of the contract delegation agreement they entered into with the City in 2005; the belief that the Department of Labor is in violation of Minnesota Statute 326B.107 which states that the commissioner shall enter into an agreement with a municipality for plan reviews, inspections, etc., that the commissioner shall provide a written explanation of any deficiencies should he determine that a municipality lacks qualified inspectors to provide the services and that a municipality shall be given an opportunity to remedy any deficiencies. Mr. Jaunich noted that staff will work with CGMC and LMC and other resources as this is worked through. Motion by Lofdahl, second by Czmowski, to approve seeking action against State of Minnesota pertaining to municipal delegation agreements for public building and state -licensed facilities. Motion carried unanimously. 11 CITY COUNCIL MINUTES APRIL 26, 2016 14. REVIEW OF PROPOSED REVISIONS TO CITY CODE 94.44 — CEMETERY MEMORIALS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that temporary grave markers are usually placed at interment sites for a period of time between the funeral and installation of a memorial. The time frame that temporary markers are in place has grown over the years. Upright temporary markers cause issues for routine mowing and grounds maintenance efforts. The proposed changes to the ordinance would inform customers at the time of sale that temporary markers may be removed after 30 days. Customers will be given the choice of paying $80 at the time of property sale to have the cemetery place the temporary marker in a flush concrete wash. After 30 days, cemetery staff will prepare the temporary marker in a flush concrete wash at the interment site. The first reading of this ordinance will come before the Council at its May 10, 2016, meeting. 15. APPROVE/DENY RESOLUTION NO. 14552 - RESOLUTION IN SUPPORT OF MCLEOD COUNTY BOARD ADOPTION OF 2016 MCLEOD COUNTY TRAILS PLAN Kent Exner, City Engineer, presented before the Council. The McLeod County Board is holding a public hearing on May 3, 2016, to receive feedback on the McLeod County Trails Plan. This is a planning document only to describe and prioritize potential improvements. The City's Transportation Plan encourages the City to continue to value active living opportunities (pedestrian/bicycle trails) that strengthen and enhance community life. Supporting the McLeod County Trails Plan falls in line with the City's overall theory of its own transportation plan. Motion by Christensen, second by Lofdahl, to approve Resolution No. 14552 — Resolution in Support of McLeod County Board Adoption of 2016 McLeod County Trails Plan. Motion carried unanimously. 16. APROVE/DENY RESOLUTION NO. 14554 - RESOLUTION APPROVING SETTLEMENT AND PURCHASE AGREEMENT WITH RIDGEWATER COLLEGE Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that before the Council is an agreement for the Council to consider related to an unpaid assessment issue with Ridgewater College. This dates back to the Denver Avenue project that was completed in 2006. In 2006, the City assessed the College $233,076.48 for street improvements and utility work along Denver Avenue. At that time, the City agreed to defer the assessment for five years until 2011. The City also agreed to purchase right-of-way from the College for the placement of the City's road and utilities for the price of $72,000. For various reasons, the City never obtained nor paid for the right- of-way land back in 2006. Therefore, the City currently has utilities sitting on private property. The College has yet to make any assessment payments disputing that the original scope of the project was never completed, among other items. Because of unpaid assessments and accrued interest, the College currently owes the City $336,601.98. Staff and two council members have been in negotiations with the College for over a year in an effort to resolve these two issues. The attached agreements take care of both of these issues. The highlights of the agreement include Ridgewater agreeing to pay the full principle and interest assessment amount of $336,601.98 and the city agreeing to waive late fees and penalties totaling $92,537.59; College agreeing to provide a quit claim deed to the City for the right-of-way land and City agreeing to pay as a credit to the 5 CITY COUNCIL MINUTES APRIL 26, 2016 assessment amount a sum of $128,800 which is today's appraised value; and the City agreeing to complete Denver Avenue within 48 month or by July 15, 2020. Upon completion of Denver Avenue, Ridgewater agrees to pay an additional $75,000 in assessments. Motion by Lofdahl, second by Christensen, to approve Resolution No. 14554 — Resolution Approving Settlement and Purchase Agreement with Ridgewater College. Motion carried unanimously. 17. REVIEW OF CONSTRUCTION DOCUMENTS FOR BUILDING PACKAGE (A) FOR OUTDOOR AQUATIC CENTER/POOL a) Approve/Deny Rejecting Previous Bid b) Approve/Deny Plans & Specifications as Presented (c) Approve/Deny Authorizing an Advertisement for Bids Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that at the last Council meeting, the Council approved all bids received on the aquatic center/pool project. Subsequent to that action, it has been noted that Crow River Glass, owned by Mayor Forcier, was listed as a subcontractor on the Building Package(A) project. Upon further review of the bid documents and other areas of the law, Mr. Sebora has determined that the City Council's award of the project to Hasslen Construction was invalid as the State's conflict of interest law applies to both direct contractor and subcontractor situations. The exception to the conflict-of-interest law cannot be taken advantage of because the overall portion of the project exceeds $100,000 and thus requires bidding even though the portion of the project involving Crow River Glass may be less than that. Also, because the mayor's business was listed as a subcontractor on Hasslen's bid, under Minnesota law that contract is void and that portion of the project must be re -bid. Council Member Czmowski asked Mayor Forcier why he did not notify staff of this potential conflict. Mayor Forcier noted that he felt by abstaining from the vote, as he did when the Council took action, he felt that was the appropriate action and covered his conflict. Mayor Forcier also commented that, under the advisement of his attorney whom he spoke with today, he shouldn't be doing any work with the city, and he will no longer be doing so. It was discussed that another discussion should be held regarding conflicts of interest and having Council bylaws written. Motion by Arndt, second by Christensen, to reject bid from Hasslen Construction. Motion carried unanimously. Motion by Lofdahl, second by Arndt, to grant city administrator authority to approve plans and specifications and authorize advertisement for bids for Building Package (A) of the aquatic center/pool project. Motion carried unanimously. 17.5 CHANGE ORDER NO. 1 — LETTING NO. 1, PROJECT NO. 16-01 (PAVEMENT MANAGEMENT PROGRAM) Kent Exner, City Engineer, explained that the contractor on the project has noted that language included in the contract is outdated pertaining to owner's liability insurance and had requested that language be updated. This revision does not change the final completion date nor does it result in an increase to the contract. Motion by Arndt, second by Christensen, to approve Change Order No. 1, Letting No. 1 — Project No. 16-01. Motion carried unanimously. Council Member Arndt asked that communication be forwarded to the school district and the bus company about upcoming construction work. 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 CITY COUNCIL MINUTES APRIL 26, 2016 18. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS a) Planning Commission Minutes from March 15, 2016 b) City of Hutchinson Financial Report and Investment Report for March 2016 c) Hutchinson Housing & Redevelopment Authority Board Minutes from March 15, 2016 MISCELLANEOUS 19. STAFF UPDATES Kent Exner — Exner noted that pavement management program will begin this week on Milwaukee Avenue and Linden Avenue. He reminded the Council of the County trails plan public hearing on May 3, 2016, during county board meeting in Glencoe. He also noted that there is a Dakota Trail Master Plan open house being held May 9, 2016, at the Depot, from 5:30 p.m. — 7:00 p.m. Marc Sebora — Mr. Sebora noted that the Charter Commission is meeting tomorrow night at 5:30 p.m. to review the ordinance approved by the Council revising Section 4.02 of the City Charter. Matt Jaunich — Mr. Jaunich reminded the Council that early registration for the LMC annual conference ends tomorrow. He asked those interested to let him know if they want to take advantage of the early registration discount. Mr. Jaunich also noted that staff is moving forward with Keystone on the job evaluation/compensation study. Lastly, Mr. Jaunich noted he will be holding a session entitled, "So You Want to be an Elected Official?" on May 12, 2016, from 5:00 p.m.— 8:00 p.m. The purpose of the session is to provide information on the details of being an elected official. Mr. Jaunich encouraged all individuals that are considering running for an open seat at the next election to attend, or any other persons that are simply interested in the life of a city official. 20. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen noted she has received several comments about the debris flying around at McLeod County Household Hazardous Waste. Council Member Christensen also noted that over 600,000 patrons have visited libraries throughout the Pioneerland Library system, which Hutchinson is a part of. Chad Czmowski — Council Member Czmowski asked if Marc Sebora, City Attorney, agreed with Mayor Forcier's attorney on the issue of a council member abstaining from providing services/doing business with the city of which they serve. Mr. Sebora noted he does not necessarily agree with that opinion as there is a statutory exemption that allows city officials to do business with a city as long as they sign an affidavit. Mr. Sebora explained that the bidding completed on Building Package (A) was somewhat confusing in that although the subcontract work being done by Crow River Glass was under the $100,000 threshold, because the entire project was over that threshold, it required a rebid. Council Member Czmowski asked what if no one bids on the project. Mr. Jaunich noted it would probably have to be advertised another time if that were to happen. Motion by Arndt, second by Lofdahl, to set public meetings for May 3, 2016, and May 9, 2016, to attend the public hearings mentioned earlier. Motion carried unanimously. Mayor Forcier — Mayor Forcier apologized for the mix-up on the pool project bidding quandary. He is hoping the City can move forward with this project to get it done as intended. ADJOURNMENT Motion by Arndt, second by Christensen, to adjourn at 7:30 p.m. Motion carried unanimously. 7 CITY COUNCIL MINUTES APRIL 26, 2016 ATTEST: Gary T. Forcier Matthew 7aunich Mayor City Administrator