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09-28-21 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 28, 2021 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information fog° agenda iten2s in advance by city staff, committees and boards. Many decisions regarding agenda iten2s are based upon this information as well as: City policy and practices, inputfiron2 constituents, and other questions or information that has not yet been presented or discussed regarding an agenda iten2.) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, Pat May, Chad Czmowski and Dave Sebesta. 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 Motion by Czmowski, second by May, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Christ the King Lutheran Church (The invocation is a voluntary expression of the private citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preferencefor, 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 (a) Resolution No. 15354 — Resolution Accepting $4750.00 Cash Donation from Various Donors for New Flagpole Set-up at Hutchinson Event Center Motion by Czmowski, second by Sebesta, to approve Resolution No. 15354. Motion carried unanimously. PUBLIC COMMENTS (This is an opportunity fog° 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 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain fi on2 personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of September 14, 2021 (b) Workshop of September 14, 2021 Motion by Sebesta, second by Christensen, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The iten2s 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 iten2s are not discussed) CITY COUNCIL MINUTES September 28, 2021 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Change Order No. 5 and No. 6 — Letting No. 1, Project No. 21-01 (2021 Pavement Management Program) (b) Consideration for Approval of Infrastructure Maintenance Account Policy (c) Consideration for Approval of City of Hutchinson Americans with Disabilities Act (ADA) Transition Plan for Roadway Corridors (d) Consideration for Approval of Resolution No. 15353 — Resolution Adopting Findings of Fact and Reasons for Approval of a Conditional Use Permit for a Mural in the Main Street Area District Located at 22 1" Avenue NE, Todd Lake Arts, Applicant, With Favorable Planning Commission Recommendation (e) Claims, Appropriations and Contract Payments — Register A Motion by May, second by Czmowski, to approve Consent Agenda I. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Czmowski, second by Christensen, with Forcier abstaining, to approve Consent Agenda IL Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 9. APPROVE/DENY ORDINANCE NO. 21-825 — ORDINANCE GRANTING FRANCHISE TO UPONOR/HTI-TDK/RESONETICS TO ERECT A COMMERCIAL SIGN IN RIGHT -OF WAY (SECOND READING AND ADOPTION) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the City Charter requires that all franchises be considered at a public hearing. The first reading of this ordinance/franchise agreement was held at the last Council meeting. This franchise agreement allows for a commercial sign to be erected in public right of way on Industrial Blvd. for TDK/HTI, Uponor and Resonetics. No changes have been made to the ordinance since the first reading held at the last Council meeting. No public comments were received. Motion by Sebesta, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by May, to approve second reading and adoption of Ordinance No. 21- 825. 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 coniniunications f on2 other entities.) 2 CITY COUNCIL MINUTES September 28, 2021 UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY USE OF CITY PARKING LOT FOR WEDDING RECEPTION ON JUNE 11, 2022, AS REQUESTED BY RICH WESTLUND Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that Rich Westlund has requested use of the city parking lot adjacent to Art's Place for his son's wedding reception on June 11, 2022. Mr. Westlund would like to place a 40'x100' tent in the parking lot to seat approximately 230 guests. Mr. Westlund was present at the meeting and explained that the tent company is proposing to drill holes into the parking lot to stake the tent down. The company has stated that they fill the holes using tar plugs to close them. Staff has requested that Mr. Westlund post appropriate signage indicating the parking lot closure, notify the neighbors of the use of the parking lot, set barricades in a timely manner, clean the lot after the event and have it open no later than the evening of June 12, 2022, or in time for the work day/early morning on June 13, 2022, and will have to deal with any non -compliant vehicles. Motion by May, second by Czmowski, to approve use of City parking lot for Westlund wedding reception on June 11, 2022, with conditions noted in the board action form requested by staff. Motion carried unanimously. Mr. Westlund noted that there is a band that will be playing at the reception and perhaps may want to play outside under the tent. Mr. Jaunich informed Mr. Westlund that if that does become the case, he will need to come before the Council again requesting suspension of the noise ordinance during that time. 11. APPROVE/DENY RESOLUTION NO. 15357 — RESOLUTION APPROVING THE IMPLEMENTATION OF THE LABOR AGREEMENT BETWEEN THE CITY & LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING HUTCHINSON POLICE DEPARTMENTS SERGEANTS LOCAL 4458 Matt Jaunich, City Administrator, explained that a tentative labor agreement was reached between the City and ratified by the Law Enforcement Labor Services, Inc. representing the Hutchinson Police Department Sergeants LOCAL 4458. The agreement is for the one-year term of January 1 — December 31, 2021. The tentative agreement also includes a Memorandum of Understanding regarding contributions of sick leave paid out at retirement to a Post Employment Health Care Savings Plan as is done for non -union employees. The one-year term was agreed upon in part due to the wage study the City is currently conducting and anticipating completing by the end of 2021. Motion by Christensen, second by Czmowski, to approve Resolution No. 15357. Motion carried unanimously. 12. APPROVE/DENY CITY FUNDING FOR IMPROVEMENTS TO FIREMAN'S PARK CITY COUNCIL MINUTES September 28, 2021 Matt Jaunich, City Administrator, noted that at the last Council meeting members of the fire department presented a plan for a three-phase improvement project for Fireman's Park. At that meeting, council members suggested contributing financially to the first two phases of the project by using funds from the community improvement fund. The total cost of the two phases is $72,454. The Hutchinson Fire Department Relief Association has $15,000 to devote to the project and the City's playground replacement fund has dedicated $20,000 to this park within the five-year capital improvement plan. The balance of $37,454 would be required of the community improvement fund to complete the funding of the project. Motion by Czmowski, second by Forcier, to approve City funding for Phase 1 & 2 improvements to Fireman's Park. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 15350 — RESOLUTION SETTING HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY 2022 PRELIMINARY TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid reminded the Council that preliminary tax levies must be certified by September 30th each year to the county. Levies can be decreased after September 30th but cannot be increased. This tax levy will fund the 2022 operations of the HRA. The proposed 2022 preliminary HRA tax levy the HRA is requesting is $208,000 which represents a 4% increase from the 2021 levy. Motion by Czmowski, second by Christensen, to approve Resolution No. 15350, setting HRA preliminary tax levy at $208,000. Motion carried unanimously. 14. APPROVE/DENY RESOLUTION NO. 15351 — RESOLUTION SETTING HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY 2022 PRELIMINARY TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid again noted that preliminary tax levies must be certified by September 30th each year to the county and that levies can be decreased after September 30th but cannot be increased. This tax levy will fund the 2022 operations of the EDA. The proposed 2022 preliminary EDA tax levy the EDA is requesting is $222,817 which represents an 11.2% increase from the 2021 levy. Motion by Czmowski, second by Sebesta, to approve Resolution No. 15351, setting EDA preliminary tax levy at $222,817. Council Member May clarified that his vote was nay on this item. Motion carried 4 to 1. 15. APPROVE/DENY RESOLUTION NO. 15352 — RESOLUTION APPROVING THE GENERAL FUND AND DEBT SERVICE FUND PRELIMINARY 2022 TAX LEVIES Andy Reid noted that the proposed preliminary tax levy of $8,165,893 reflects an overall tax levy increase of 7.0%. This is based on a 3.3% levy increase to the general fund levy and 16.2% increase to the debt levy. Combined with the EDA and HRA tax levies, the total tax levy increase is 7.0%. As discussed at the budget workshop on September 14, 2021, new debt required to finance the police facility is the reason for the large increase to the debt levy. The debt plan includes an assumption for the final debt that the City will issue in early 2022 to finalize the police facility so the City will have some time to look at buying down the debt with cash reserves. This can help lower the future debt levy. The general fund increase is attributed to many factors with wages and benefits being the major area of increase. Staff is proposing a $25,000 increase to the funding for the equipment replacement fund in an effort to slowly grow that funding source to a more sustainable level. Motion by Czmowski, second by Christensen, to approve Resolution No. 15352, setting City of Hutchinson preliminary net tax levy at $8,165,893. Roll call vote was taken: Christensen — aye; Sebesta — aye; May — nay; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. 11 CITY COUNCIL MINUTES September 28, 2021 16. APPROVE/DENY RESOLUTION NO. 15355 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WATER/WASTEWATER SCADA SYSTEM IMPROVEMENTS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that two bids were received for this project with the low bid coming in from Primex of Plymouth, Minnesota in the amount of $764,804 which was approximately 22% lower than the final engineer's estimate. This project's total cost and associated funding were recently reviewed by the City's Resource Allocation Committee and there were no concerns with implementing these improvements as proposed. Motion by Czmowski, second by Forcier, to approve Resolution No. 15355. Motion carried unanimously. 17. APPROVE/DENY RESOLUTION NO. 15356 — RESOLUTION IN SUPPORT OF OUR TROOPS WHO SERVED IN AFGHANISTAN Council Member Sebesta requested that this item be placed on the Council agenda. Council Member Sebesta noted that a group of people had requested that he present this Resolution to the Council for consideration. This Resolution is not intended to be controversial but just supportive of the troops who served in Afghanistan. Council Member May noted that he truly supports the troops who have served, however he feels this is more of a federal issue and not a local issue. Council Member Christensen expressed that she feels the same. Council Member Czmowski noted that he supports Item 1 in the Resolution but not Items 2 and 3. Mayor Forcier noted his agreement with this as well. Council Member Sebesta noted he supports this Resolution. Motion by Sebesta to approve Resolution No. 15356. The motion died for lack of a second. 18. APPROVE/DENY SETTING ANNUAL CITY RECOGNITION EVENT FOR NOVEMBER 4, 2021, AT 5:30 P.M. AT HUTCHINSON EVENT CENTER Matt Jaunich, City Administrator, explained that this event was not held last year due to the pandemic, but this is the city's annual event where board/commission members, staff and the Council are recognized. In addition, he will provide a "State of the City" at the event. Motion by Czmowski, second by Sebesta, to set annual City recognition event for November 4, 2021, at 5:30 p.m. at Hutchinson Event Center and to set the event as a public meeting for city officials to attend. Motion carried unanimously. 19. APPROVE/DENY SETTING TRUTH IN TAXATION HEARING FOR DECEMBER 7, 2021, AT 6:00 P.M. Matt Jaunich, City Administrator, explained that the City is required to hold a truth in taxation hearing where the tax levy and budget will be discussed in a forum to receive public comments. Motion by Christensen, second by May, to set truth in taxation hearing for December 7, 2021, at 6:00 CITY COUNCIL MINUTES September 28, 2021 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.) 20. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) City of Hutchinson Financial Report and Investment Report for August 2021 (b) Tall Grass/Noxious Weed Monthly Report for July/August 2021 (c) Hutchinson Housing & Redevelopment Authority Board Minutes from August 17, 2021 (d) Planning Commission Minutes from August 17, 2021 MISCELLANEOUS 21. STAFF UPDATES Kent Exner — Mr. Exner noted that as a follow up to the water/wastewater rate study, implementation is going to be postponed to changes in the rate structure until January 2023. He noted that educational outreach will begin this Fall and continue into 2022. Mr. Exner also provided a few updates on projects such as infrastructure overlays on various streets; pavement management program in Rec Center is near final completion; Jefferson Street/V Avenue should be finalized within the next month or so; HAWK project on Hwy 7/1\4ontana Street has been delayed due to ADA requirements in the right-of-way. Leaf vacuum service is scheduled to begin October 12 and will end November 22. 22. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by May, second by Sebesta, to adjourn at 6:30 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator