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07-23-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 2013 I. C_ Ai I JO 0RijFR — 5-;i0 P.M. Mayor Steve Cook called the meeting to order. Members present were Chad Czmowski, Mary Christensen and Gary Forcier. Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Todd Harris, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY Mayor Cook thanked all those involved with the RiverSong music festival held this past weekend. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JULY 9, 2013 Motion by Czmowski, second by Forcier, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Pznpose: only for items i °equiring Council apps -oval by external entities that would other -vise have been delegated to the CityAdministrator. Ti °aditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES (b) PLANNING COMMISSION ITEMS CONSIDERATION OF A SITE PLAN REVIEW REQUESTED BY HUTCHINSON DEVELOPMENT GROUP LLC FOR A MAURICES RETAIL STORE AT 1370 MONTREAL STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14172) (c) CONSIDERATION FOR APPROVAL OF ALLOWING COUNTRY FINANCIAL TO PLACE CANOPY TENT ON SIDEWALK LOCATED AT 23 WASHINGTON AVENUE WEST (d) CONSIDERATION FOR APPROVAL OF REAFFIRMING CITY OF HUTCHINSON DATA PRACTICES POLICY (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1 — LETTING NO. 8B /PROJECT NO. 13 -08B (DEPOT SITE IMPROVEMENTS) (f) CONSIDERATION FOR APPROVAL OF ISSUING FOOD VENDOR LICENSE TO RAFAEL JIMENEZ TO OPERATE ICE CREAM TRUCK THROUGHOUT CITY STREETS (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO CITY COUNCIL MINUTES JULY 23, 2013 MCLEOD COUNTY AGRICULTURE ASSOCIATION FROM AUGUST 14-18,2013, FOR MCLEOD COUNTY FAIR (h) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSES TO HUTCHINSON HOCKEY ASSOCIATION ON JANUARY 25, 2014, AND HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION ON SEPTEMBER 14, 2013 (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(e) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve the consent agenda with the exception of Item 7(e). Motion carried unanimously. Item 7(e) had further discussion. Council Member Forcier noted that he would be abstaining from this action since he is performing some work on the project. Motion by Czmowski, second by Cook, with Forcier abstaining, to approve Item 7(e). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL AMENDMENT NO. 2 TO SITE LEASE AGREEMENT AND FRANCHISE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the agreement before the Council is an amendment to allow a pad with a generator at the South Park Water Tower site. The generator purpose is for backup power to the service and equipment located on the water tower. A franchise is required in accordance with City Charter for the placement of objects on public property. An increase in rent is recognized for the additional square footage being used for the equipment on the tower and the generator area. The generator will be enclosed and is regulated by MPCA standards for noise generation. The generator will be added on to the back side of a structure that is currently in place. Motion by Czmowski, second by Forcier, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve Amendment No. 2 to site lease agreement with Midwest Wireless Communications LLC and franchise agreement with Midwest Wireless Communications LLC which is the first reading of Ordinance No. 13 -713 and the second reading of the franchise agreement will be on August 13, 2013. Motion carried unanimously. 9. COMMUNICATIONS. REOT JESTS AND PETITIONS (Puipose: to provide Council with information necessrny to craft wise policy. Always looking toward the fixture, not monitoring past) 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) SUMMARY REVIEW OF 2012 AUDITED FINANCIAL STATEMENTS 2 CITY C'OUNC'IL MINUTES JUL Y 23, 2013 Jeremy Carter, City Administrator, noted that a workshop was held prior to the Council meeting to review in detail the 2012 audited financial statements as completed by City staff and audited by the CPA firm of Abdo Eick & Meyers. Kyle Meyers, Abdo Eick & Meyers, presented before the Council. Mr. Meyers summarized a review of the City's financial statements for 2012. Mr. Meyers explained increases to the financial statements and the City's healthy general fund balance. Enterprise funds all generated profits. No findings were found during the auditing process. Mayor Cook expressed the City's diligence in holding the line for the past three years in the general fund. Mr. Carter spoke briefly as to the policies the City follows in their financial management. Mayor Cook noted that Creekside had a very good year with building a very healthy cash balance. Motion by Czmowski, second by Forcier, to accept the 2012 audited financial statements. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY (ADOPT RESOLUTION NO. 14173) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that on an annual basis, the City administers street and capital improvement projects. Because the current business practice is to issue bonds in the fall once all final project costs are known, the City has to cash flow all or the majority of project related costs until that time. Because of this practice, IRS regulations require the City Council approve a Resolution declaring that intent. The proceeds from the tax - exempt bond issuance will then reimburse the City for those expenditures paid up -front as part of the project related costs. Motion by Czmowski, second by Christensen, to approve Resolution No. 14173. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14174 — A RESOLUTION AUTHORIZING AGREEMENT WITH MPCA TO HOST AMERICORPS MEMBER FROM THE MINNESOTA GREENCORPSL Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the City had applied for a member of the AmeriCorp program to assist with the City's forestry department. The City has received notice that the City is one of three cities to get accepted into the Green Infrastructure part of the AmericCorp program and will be receiving a member this fall upon approval of a Resolution and subsequent signature of a host agreement. The MN Green Corps members are workers that are supplied to select cities to provide a function that without them the entity would not be able to complete in an effective and efficient manner. The GreenCorp member, if approved by Council, will be starting this September and will be working on Emerald Ash Borer awareness and species diversification projects. The member will serve about 1700 hours or approximately 11 months with the City and will work in strategic partnership with the University of Minnesota Morris (UMM). 3 CITY C'OUNC'IL MINUTES JUL Y 23, 2013 Funding for MN GreenCorp and its members is provided through a combination of resources from CNCS, Serve Minnesota, Federal Funding, and MPCA, along with local in -kind resources. Because of the outside funding sources there will be no cost to the City to fund this member. The MN GreenCorp program has identified four overarching focus areas to meet program objectives: Energy Conservation, Waste Prevention and Recycling, Living Green and Green Infrastructure. This program is a value added program and will assist the City in continuing to move forward in developing and implementing a sound tree diversification policy and identifying project related information as it pertains to the city forestry function, emerald ash borer, and the urban canopy. Motion by Christensen, second by Forcier, to approve Resolution No. 14174. Motion carried unanimously. 12. GOVERNANCE (Puipose: to assesspast organizationalpeiformance, developpolicy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 26, 2013 (b) CITY OF HUTCHINSON FINANCIAL AND INVESTMENT REPORT FOR JUNE 2013 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2013 (d) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 18, 2013 (e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 1, 2013 Mr. Carter provided an overview of the City's financial picture for the first half of the year and spoke to some of the enterprise funds. Mr. Carter also reviewed the City's investment information. 13. MISCELLANEOUS Gary Forcier — Council Member Forcier reminded everyone that Historic Hutchinson is holding a gala event this Thursday at the Crow River Art Center at 6:30 p.m. Council Member Forcier also thanked the Parks Department for keeping the parks looking so nice. Chad Czmowski — Council Member Czmowski asked about mosquito control at RiverSong. He stated it was very good and quite different from Water Carnival held in June when the mosquitoes were very strong. John Olson, Public Works Manager, noted that an additional barrier treatment at a cost of $1000 was applied for the RiverSong event. In addition, the trap counts are down from previous weeks. Council Member Czmowski also mentioned that the City of Mankato's mountain biking club will be up to take pictures and use the Hutchinson terrain park as a model to build a terrain park in Mankato. Steve Cook — Mayor Cook noted that a meeting had been held with the DNR on the Luce Line Trail paving project. The DNR has presented plans from CR 115 to McLeod /Carver County line for the Luce Line Trail. The DNR will be going out for bids for base work yet this Fall and an alternate bid might be 11 CITY COUNCIL MINUTES JUL Y23, 2013 placed with completion date in Spring /Summer 2014. The DNR has committed an additional $500,000 to the paving project. Mayor Cook reminded everyone of the Orange Spectacular event occurring this weekend at the McLeod County Fairgrounds. 14. ADJOURN Motion by Christensen, second by Czmowski, to adjourn at 6:15 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 5