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11-26-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 26, 2013 1. C_ Ai I TO ORDFR — .5.30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, Gary Forcier and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Matt Troyer, Shalom Baptist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS Craig Bishop, 221 Freemont Avenue, presented before the Council. Mr. Bishop stated that he previously had questions about funding for the Public Arts Commission. Mr. Bishop asked how the percentage is decided on public projects and how taxes are allocated. Mr. Bishop read from a policies and procedures document for the PAC. Mayor Cook explained that when the PAC was created this document was put together as a list of ideas for funding. Since that time, the City Council has allocated a line item in the capital projects fund for Public Arts of $15,000. This year a project was completed and funded from the public sites fund. There are no taxes used for this fund. Capital projects fund is comprised of utilities funds and LGA funds. Public sites funds comes from new development fees and Mn/DOT right of way fees among other things. The sculpture art funds were used from public sites funds. Approximately $20,000 was used for these sculptures. Mayor Cook noted that having these funds set aside helps to acquire grant dollars. 6. MINUTES (a) REGULAR MEETING OF NOVEMBER 12, 2013 Motion by Czmowski, second by Forcier, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (PuJpose: only for items J °equiring Council apps -oval by external entities that would other -vise have been delegated to the City Administrator. Ti °aditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14206 - RESOLUTION SETTING 2014 FEE SCHEDULE 2. ORDINANCE NO. 13 -715 - AN ORDINANCE APPROVING AMENDMENTS TO HUTCHINSON CITY CHARTER (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO WALGREEN CO. (c) CONSIDERATION FOR APPROVAL OF MPCA MS4 STORM WATER POLLUTION PREVENTION PLAN PERMIT RENEWAL APPLICATION CITYC'OUNCIL MINUTES NOVEMBER 26, 2013 (d) CONSIDERATION FOR APPROVAL OF REPLACEMENT OF MASONIC WEST RIVER PARK BATHROOM FACILITY (e) CONSIDERATION FOR APPROVAL TO SELL AT AUCTION FIRE DEPARTMENT SCBA BOTTLES (f) APPOINTMENT OF DONNA LUHRING TO HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2018 (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Items 7(a) 1, 7(c), 7(d), 7(f) and 7(h) were pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)1 had further discussion. Mayor Cook noted that not many increases were made to the fee schedule for 2014. Jeremy Carter, City Administrator, noted that a few areas had increases, however overall few increases were made. Mr. Carter explained how user fees are derived at. The largest percentage increase was made to stormwater, however this is on a step increase system to get the fee at the midpoint range. Motion by Arndt, second by Forcier, to approve Item 7(a) 1. Motion carried unanimously. Item 7(c) had further discussion. Mayor Cook asked if a correction had to be made on page 12 of F(6) and change it from "no" to "yes ". John Paulson, Environmental Specialist, explained that at the time of the publication of the packet this item was not completed, however it has been as of today and the application has been changed to read "yes ". Paulson noted that this is the application only and is done in four phases. Mr. Paulson explained the application processes. Motion by Forcier, second by Christensen, to approve Item 7(c) with the change noted above. Motion carried unanimously. Item 7(d) had further discussion. Mayor Cook noted that this project is a good example of how funds from the capital projects fund are utilized. Jeremy Carter, City Administrator, explained how projects are prioritized with the facilities committee. Mr. Carter explained that this particular project is a prefab construction with more shower capacity and proper ventilation. Mr. Carter explained that the company being recommended for this structure is the same company that installed the shelters in three other parks throughout the city. Motion by Forcier, second by Arndt, to approve Item 7(d). Motion carried unanimously. Item 7(f) had further discussion. Mayor Cook introduced Donna Luhring. Mayor Cook is recommending that Donna Luhring be appointed to the Hutchinson Utilities Commission. Ms. Luhring introduced herself to the Council. Ms. Luhring has worked with the school district for over seven years and the school district is a large customer of HUC. Ms. Luhring spoke of the various 2 CITYC'OUNCIL MINUTES NOVEMBER 26, 2013 professional boards /commissions she has served on, as well as the Kiwanis. Motion by Arndt, second by Christensen, to approve Item 7(f). Motion carried unanimously. Item 7(h) had further discussion. Council Member Forcier noted he would be abstaining. Motion by Czmowski, second by Cook, with Forcier abstaining, to approve Item 7(h). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF ISSUING 3.2 MALT LIQUOR LICENSE TO TARA TEPLEY OF THE PAINT FACTORY LOCATED AT 137 MAIN STREET SOUTH Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Tara Tepley has applied for an on -sale 3.2 malt liquor license for a new business establishment she is opening at 137 Main Street South. Tara Tepley, applicant, presented before the Council. Ms. Tepley explained that her business is an art studio that provides painting lessons. The 3.2% malt liquor will simply be an added feature to the establishment. The grand opening is scheduled for December 20, 2013. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Forcier, second by Arndt, to approve issuing on -sale 3.2 malt liquor license to Tara Tepley of The Paint Factory located at 137 Main Street South. Motion carried unanimously. (b) JEFFERSON STREET SE RECONSTRUCTION PHASE 2 PROJECT (LETTING NO. 1, PROJECT NO. 14 -01) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project is phase 2 of the Jefferson Street project. Mr. Exner noted that a neighborhood meeting was held on October 29, 2013, with property owners adjacent to the proposed project. Mr. Exner noted that this is a full reconstruction project, similar to phase 1 of the project. The full reconstruction, which runs from Oakland Avenue SE to Century Avenue SE, is proposed to include a trail with the narrowing of the roadway. The estimated total project cost is $2,339,000. Mr. Exner explained the proposed project improvements, the hearings process, assessments and the schedule and construction items. The estimated total assessment for a typical city lot is $6988.00. The project is scheduled to begin in the spring /summer of 2014 and will be fully complete in 2015. The assessment numbers are the same as phase 1. Mr. Exner noted that some of the properties along this project have fairly large frontages, therefore the assessments are fairly large. Some discussion was held at the neighborhood meeting if there would be a possibility of a 15 -year term for assessments as opposed to a 10 -year term. Mr. Exner explained the processes that need to be followed due to this being a state aid roadway. Jeremy Carter explained that bonds are typically issued for 15 years, however as soon as the bonds are issued, the City cash flows the entire project. The City wants to collect the assessment dollars during the life of the bond. However, even on 10 -year assessment terms, there may be several 3 CITY C'OUNC'IL MINUTES NOVEMBER 26, 2013 delinquent assessments that are collected past the 10 -year assessment term. Mr. Exner explained that this roadway was built in the 1960s and the infrastructure was installed in approximately 1959. Steve Dobie, 1135 Jefferson Street, presented before the Council. Mr. Dobie noted that his lot is approximately double the average lot size of 66'. Mr. Dobie noted his property has easements that run through it which he feels decreases the value of his property. Mr. Dobie has concerns of the sidewalk along his property which has a very steep hill next to it. Mr. Exner noted that the easements will be reviewed and the frontage may be adjusted accordingly. Mr. Exner felt that the easement area could possibly be deducted from Dobie's frontage. Mr. Dobie expressed that he is a property owner that would like to see a 15 -year assessment term due to the large assessment amount. Mr. Exner explained that the trail is proposed to run on the east side of Jefferson Street. Mr. Exner explained that a two -foot grass shoulder will be placed along the trail and properties along with a safer slope. Mr. Dobie also asked if the City could consider something other than grass along the slope, such as low - maintenance native plantings. A railing is not required on this project, however it could be revisited at a later date. Mr. Dobie asked questions about liability with the trail and the steep slope of his property abutting the trail. It was noted that this item could be discussed in more detail once the final design is complete. Vicky Kockelman, 1038 Jefferson Street, presented before the Council. Ms. Kockelman asked how the west side property owners will access their properties during construction when they have no alleyway. Mr. Exner explained that the phasing of the project will be the key factor in access issues. Ms. Kockelman asked about the older, larger trees and if they will need to be removed. Mr. Exner noted that if a property owner's tree will need to be removed, the property owner will be notified. Tree removal will be at the cost of the city. Steve Lancaster, 1148 Jefferson Street, presented before the Council. Mr. Lancaster noted that a year or so from now he believes Century Avenue is on the schedule for improvements. Mr. Lancaster raised concerns with assessment costs as he lives on the corner of Century and Jefferson. Mr. Exner explained the corner credit policy. Mayor Cook asked if the assessment policy could be amended to allow for 15 -year assessment terms for unusually large assessment amounts. Mr. Carter noted that could be accomplished, however he suggested that a 15 -year term be allowed for the entire project for ease of project tracking and collection issues. Mr. Exner noted that perhaps a 12 -year term could be considered as well. Vicky Kockelman presented before the Council. Ms. Kockelman asked how the estimated assessments came out to actual assessments on phase 1 of the project. Mr. Exner noted that in phase 1 the numbers came out very comparable. The water /sewer services are the numbers that could possibly fluctuate, however they will be relatively close to the estimates. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Christensen, to approve final preparation of project plans /specifications and future advertisement for bids. Motion carried unanimously. 9. COMMTJNICATIONS. REOT JESTS AND PETITIONS (PuJpose: to provide Council with information 11 CITY C'OUNC'IL MINUTES NOVEMBER 26, 2013 necessary to craft wise policy. Always looking toward the fixture, not monitoring past) (a) DISCUSSION OF CODE OF ETHICS Mayor Cook commented that establishing a code of ethics is included in the Council's one to two year short term goals and was also a part of Jeremy Carter's review process. The Council will be setting a workshop to review its ends statements as well as to conduct Mr. Carter's review. This topic could be discussed at either one of those workshops as well. Mayor Cook noted that the City does have a code of ethics within its City Code. Mayor Cook also distributed separate examples from the League of Minnesota Cities. Mr. Carter commented that he is obtaining examples from other cities, as well as the ICMA, on various codes of conduct. Perhaps the City could use those examples should it wish to establish a separate code of conduct. A draft will be distributed to the Council prior to a workshop being held. 10. UNFINISHED BUSINESS 11. NEW BUSINESS, (a) CONSIDERATION FOR APPROVAL OF ADOPTING 2014 -2018 CAPITAL IMPROVEMENT PLAN Jeremy Carter, City Administrator, presented before the Council. Mr. Carter distributed a revised capital improvement plan, which includes revisions to Creekside's plan. Mr. Carter explained that state law requires the city to create a five -year capital improvement plan due to issuing bonds. Three major components make up this plan, which includes equipment, facility improvements and infrastructure. The plan is used as a tool to identify long -term goals and can be modified. Mayor Cook clarified that the art component is not part of the capital improvement plan. Mr. Carter explained that per item costs over $10,000 should be included in the capital improvement plan and items under $10,000 are identified by other funding sources. Motion by Czmowski, second by Forcier, to approve adoption of 2014 -2018 capital improvement plan. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING JANUARY 2014 COUNCIL WORKSHOPS TO REVIEW ENDS STATEMENTS AND CONDUCT CITY ADMINISTRATOR PERFORMANCE REVIEW Mayor Cook suggested setting the workshops for January 14 and January 28 at 4:00 p.m. The ends statements workshop would be held on January 14 and the city administrator review would be held January 28. Motion by Christensen, second by Forcier, to set Council workshops for January 14, 2014 and January 28, 2014, at 4:00 p.m. Motion carried unanimously. 12. GOVERNANCE (Purpose: 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.) 5 CITY C'OUNC'IL MINUTES NOVEMBER 26, 2013 (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM NOVEMBER 6, 2013 (b) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR OCTOBER 2013 (c) PLANNING, ZONING, BUILDING REPORT FOR OCTOBER 2013 (d) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM OCTOBER 15, 2013 13. MISCELLANEOUS Kent Exner — Mr. Exner provided an update on the depot site work. Mr. Exner also noted that the Lynn Road neighborhood meeting will be held Monday, December 2, 2013, and over 100 properties are included on the project. Mr. Exner reminded the Council that the leaf vacuum project is complete and was very successful. Council Member Arndt suggested making the scoop on the vacuum wider to alleviate backing up and going forward and back. Mayor Cook — Mayor Cook reminded the group of the truth in taxation hearing December 3, 2013, at 6:00 p.m. in the Council Chambers. Mayor Cook also noted that the comprehensive plan is proposed to be placed on the December 10, 2013, Council meeting for consideration. Mayor Cook also commented that the Charter Commission held a meeting last week and one of the items of discussion was increasing mayoral terms from two years to four years. Mayor Cook distributed information on other cities' mayoral terms, with a vast majority having four year terms. Mayor Cook expressed that he feels that if the Council would have a desire to change the mayoral term, he feels it should be placed on a ballot at the general election for voters to decide. Mayor Cook asked the Council to think about this item and it can be considered /discussed at a future council meeting. Mayor Cook noted that the Hutchinson Leader ran an editorial on pet licensing. Mayor Cook asked if the veterinarian offices are issuing licenses yet. It was noted that that has not been implemented yet. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 0