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09-26-23HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 26, 2023 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 Tim Burley, Chad Czmowski, Pat May and Dave Sebesta. Others present were Matt Jaunich, City Administrator 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 — River of Hope (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. 15632 — Accepting $600 Donation from Walter & Lynne Clay for Police Department Future Equipment Purchases Motion by Czmowski, second by Burley, to approve Resolution No. 15632. Motion carried unanimously. (b) Resolution No. 15638 — Resolution Accepting $5000 Donation from Chad Greenway's Lead the Way Organization for Fireman's Park Project Motion by May, second by Burley, to approve Resolution No. 15638. Motion carried unanimously. (c) Resolution No. 15639 — Resolution Accepting $400 Donation from Rich Valley Township for Assistance to City of Silver Lake Pool Motion by Czmowski, second by Sebesta, to approve Resolution No. 15639. 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 CITY COUNCIL MINUTESSeptember 26, 2023 (a) Regular Meeting of September 12, 2023 (b) Council Workshop of September 12, 2023 Motion by May, second by Burley, 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) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Resolution No. 15628 — Resolution to Dispose of Surplus Creekside Property (b) Consideration for Approval of Resolution No. 15634 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for a Used Car Sales Lot in an I/C Zoning District, Located at 845 Hwy 7 West with Favorable Planning Commission Recommendation (c) Consideration for Approval of Resolution No. 15635 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Move a Single -Family Dwelling to 505 California Street NW With Favorable Planning Commission Recommendation (d) Consideration for Approval of Resolution No. 15636 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Move a Single -Family Dwelling from 135 V Avenue NW to 1831 Island View Circle SW With Favorable Planning Commission Recommendation (e) Consideration for Approval of Contract with HKGI to Update Hutchinson Downtown Plan (f) Consideration for Approval of Acceptance of Growth Area Plan (g) Consideration for Approval of Issuing Short -Term Gambling License to Upper Midwest A-C Club from July 26-28, 2024, at McLeod County Fairgrounds (h) Consideration for Approval of Lift Station Control Panel Improvements Project (i) Claims, Appropriations and Contract Payments Motion by Czmowski, second by Burley, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS, REQUESTS AND PETITIONS 2 CITY COUNCIL MINUTESSeptember 26, 2023 (Thepurpose of thisportion of the agenda is to provide the Council with information necessary to craft wisepolicy. Includes items like monthly or annual reports and coniniunications f on2 other entities.) UNFINISHED BUSINESS 8. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 23-842 - AN ORDINANCE AMENDING CHAPTERS 95 AND 113 OF THE HUTCHINSON CITY CODE TO REFLECT CANNABIS USE, VAPING AND E-CIGARETTES AND INCREASING THE AGE FOR THE SALE, USE AND POSSESSION OF TOBACCO FROM 18 TO 21 YEARS OF AGE Marc Sebora, City Attorney, spoke before the Council. Mr. Sebora noted that no changes have been made to this ordinance since the first reading. The ordinance essentially regulates cannabis in the same way tobacco is throughout the city. The other major change is increasing the age for the sale, use and possession of tobacco from 18 to 21 in accordance with state law. Motion by Burley, second by Sebesta, to approve second reading and adoption of Ordinance No. 23- 842. Motion carried unanimously. NEW BUSINESS 9. APPROVE/DENY AMENDING VFW POST 906'S LIQUOR LICENSE TO INCLUDE LIQUOR CONSUMPTION/SALES IN PARKING LOT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the VFW has requested to have liquor sales outside their building within their parking lot. According to city code, this is an amendment to their liquor license and must be approved by the Council. Motion by May, second by Czmowski, to approve amending VFW Post 906 liquor license to include liquor consumption/sales in parking lot. Motion carried unanimously. 10. APPROVE/DENY FIRST READING OF ORDINANCE NO. 23-843 — AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED IN SANTELMAN'S THIRD ADDITION Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the property owner is requesting to vacate the easements that were in place prior to the re -plat that was approved last month. The re -plat will re-establish the needed easements when the plat is recorded. Motion by May, second by Sebesta, with Forcier abstaining, to approve first reading of Ordinance No. 23-843. Motion carried unanimously. 11. APPROVE/DENY RESOLUTION NO. 15629 — APPROVING THE 2024 HRA PRELIMINARY TAX LEVY CITY COUNCIL MINUTESSeptember 26, 2023 Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the HRA tax levy has a statutory limit of $278,410 however the HRA Board is requesting only $165,000 to fund its 2024 operations. The levy amount represents a 3.1 % increase from the 2023 levy. Mr. Reid reminded the Council that the final levy will be approved in December and cannot be higher than the preliminary levy being set tonight. Motion by Sebesta, second by May, to approve Resolution No. 15629 in the amount of $165,000. Motion carried unanimously. 12. APPROVE/DENY RESOLUTION NO. 15630 — APPROVING THE 2024 EDA PRELIMINARY TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the EDA tax levy has a statutory limit of $272,842 and that is the amount the EDA Board is requesting to fund its 2024 operations. The levy amount represents a 5.7% increase from the 2023 levy. Again, Mr. Reid reminded the Council that the final levy will be approved in December and cannot be higher than the preliminary levy being set tonight. Motion by Czmowski, second by Burley, to approve Resolution No. 15630 in the amount of $272,842. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 15631 — APPROVING THE 2024 GENERAL FUND & DEBT SERVICE PRELIMINARY TAX LEVIES Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the proposed preliminary tax levy of $9,014,428 reflects an overall City tax levy increase of 9.3%. This is based on a 12.0% levy increase to the General Fund levy and a 2.8% increase to the debt levy. Combined with the HRA and EDA tax levies, the total tax levy increase is 9.1 %. The general fund increase is attributed mainly to wages and benefits. The budgetary increase for the employee performance -based wage adjustments amounts to a 4.5% tax levy increase. Health premiums are currently estimated to increase 25% which equates to a 3.5% tax levy increase. The budget for Supplies and Services & Charges is also increasing due to inflationary pressures. The budget will continue to be monitored over the next few months and adjustments will be determined as necessary. Again, the final levy will be approved in December and cannot be higher than the preliminary levy being set tonight. Motion by May, second by Czmowski, to approve Resolution No. 15631 in the amount of $9,014,428. Motion carried unanimously. 14. APPROVE/DENY SETTING TRUTH IN TAXATION HEARING Motion by Czmowski, second by Burley, to set Truth in Taxation hearing for December 5, 2023, at 6:00 p.m. Motion carried unanimously. GOVERNANCE (The purpose of this portion of the agenda is to deal with organizational development issues, including policies, 11 CITY COUNCIL MINUTESSeptember 26, 2023 performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 15. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Utilities Commission Minutes from July 26, 2023 (b) Public Arts Commission Minutes from August 9, 2023 (c) Planning Commission Minutes from August 15, 2023 (d) Hutchinson Housing & Redevelopment Authority Board Minutes from August 15, 2023 (e) City of Hutchinson Financial Report and Investment Report for August 2023 MISCELLANEOUS 16. STAFF UPDATES Matt Jaunich — Mr. Jaunich gave a reminder that the Fall cleanup (white good pickup) is this Saturday, September 30, 2023. He also noted that the State bonding committee will be touring the HATS Facility and Lakes/River basin on October 3, 2023. 17. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by May, second by Czmowski, to adjourn at 6:10 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator