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09-22-2015 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 22, 2015 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. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Arndt, second by Lofdahl, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — River of Hope 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Mayor Forcier acknowledged the Hutchinson Police Department for a job well done at the annual Arts in the Park. Mayor Forcier also acknowledged those that helped with the river clean up this past week. 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 September 8, 2015 Motion by Christensen, second by Lofdahl, to approve the 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 of a Conditional Use Permit to Operate a Retail Water Vending Business with Additional Office Space at 108 4th Avenue NW in a C-5 Zoning District with Favorable Planning Commission Recommendation — Adopt Resolution No. 14465 (b) Consideration for Approval of Easement Agreement with Faith Lutheran Church CITY COUNCIL MINUTES SEPTEMBER 22, 2015 (c) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Hockey Association on January 23, 2016, at Landy Lodge (d) Claims, Appropriations and Contract Payments Motion by Lofdahl, second by Arndt , to approve the consent agenda. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 8. APPROVE/DENY ORDINANCE NO. 15-0747 - AN ORDINANCE GRANTING A FRANCHISE TO NU -TELECOM TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS (a) Motion to Close Public Hearing (b) Approve/Deny Ordinance No. 15-0747 Marc Sebora, Hutchinson City Attorney, explained this is the second reading of the ordinance with a revision of the end date. Mark Guggemos, HCVN Treasurer, shared three minor concerns with the contract. 1.) In Section 6, Public Access Provisions, 6.1 (C), it speaks of the VHF spectrum. Mr. Guggemos's concern is that the VHF spectrum is no longer used. 2.) Also in Section 6, the numbering jumps from 6.3 to 6.5. 3.) Again in Section 6, 6.3 states "Grantee shall also collect on behalf of City a per Subscriber fee of Eight -Five Cents (.85) per month solely to fund access -related expenditures (hereinafter "Access Operating Fee"). Actual receipts shall be payable on a monthly basis to City. City and Grantee may agree to increase the Access Operating Fee on an annual basis." Mr. Guggemos expressed HCVN is not looking for additional dollars, but continue to be paid the fee. Robert Vose, Attorney, Kennedy and Graven, confirmed the only change to the contract is the end date of the franchise. There has been no substantial changes. The date change is to coordinate with the Mediacom Franchise date. It would be more efficient if both cable franchises be negotiated at the same time. This can be accomplished by the noted date change. Mr. Vose addressed the concerns of Mark Guggemos. 1.) In response to the Public Access Provisions — the verbiage is in alignment with the state requirements. 2.) Mr. Vose will make the correction with the numbering. 3.) In respect to the payment, Mr. Vose strongly recommends leaving the verbiage as is and keeping the payment as is. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve Ordinance No. 15-747. 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 communications from other entities) 9. UPDATE ON HUTCHINSON PUBLIC LIBRARY — PAM DILLE Pam Dille, Head Librarian, presented before the Council. Ms. Dille presented Hutchinson Public Library's 2015 Annual Review. 2 CITY COUNCIL MINUTES SEPTEMBER 22, 2015 UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY OUT-OF-STATE TRAVEL REQUEST FOR MILES SEPPELT TO ATTEND THE "SITE SELECTOR'S GUILD FALL FORUM" IN PHILADELPHIA, PA FROM OCTOBER 26-28,2015 Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained the Site Selector's Guild Fall Forum offers only 150 tickets. The Southwest Initiative Foundation contacted Mr. Seppelt to encourage him to attend. Southwest Initiative Foundation will be covering the ticket cost of the Forum at $1,500.00. Mr. Seppelt explained airfare and hotel will come out of the EDA budget. Motion by Christensen, second by Czmowski, to approve out-of-state travel for Miles Seppelt on October 26-28, 2015. Motion carried unanimously. 11. APPROVE/DENY RESOLUTION NO. 14467 RESOLUTION AMENDING CITY OF HUTCHINSON POSITION CLASSIFICATION ASSIGNMENT TABLE Kent Exner, City Engineer, presented before the Council. Mr. Exner explained due to the resignation of the Natural Resource Coordinator, staff is looking at eliminating the position and adding a full-time Arborist at a paygrade 4 and a Parks Maintenance Equipment Operator at a pay grade 3 filling both of these positions by December 1, 2015. Matt Jaunich, City Administrator, informed the Council the $43,000 increase for adding the Parks Maintenance Equipment Operator is included in the 2016 Budget. Motion by Czmowski, second by Arndt, to approve Resolution No. 14467. Motion carried unanimously. 12. APPROVE/DENY SETTING CITY OF HUTCHINSON RECOGNITION EVENT Motion by Arndt , second by Lofdahl, to set City of Hutchinson recognition event for Thursday, October 29, 2015 from 5:30 — 9:00 p.m.. Motion carried unanimously. 13. APPROVE/DENY SETTING CITY COUNCIL BUDGET WORKSHOPS Motion by Christensen, second by Mayor Forcier, to set City Council budget workshops on November 10, 2015 and November 24, 2015 at 4:00 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) 14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS CITY COUNCIL MINUTES SEPTEMBER 22, 2015 a) Residential Leaf Vacuum Service — 2015 Season Press Release b) City of Hutchinson Financial Report and Investment Report for August 2015 c) HRA Board Minutes from August 18, 2015 d) Public Library Board Minutes from August 24, 2015 e) Planning Commission Minutes from July 21, 2015 MISCELLANEOUS 15. STAFF UPDATES John Olson, Public Works Supervisor, announced the residential leaf vacuum service will begin Tuesday, October 13 and will end on Monday, November 23rd or when snow arrives. Olson reminded the public the process works best when the leaves are raked into the street on the day of their garbage service. Also, to make sure the equipment stays running, do not rake anything other than leaves onto the street. Leaves will be vacuumed from the street the day after recycling & garbage is picked up Mr. Olson also announced the Columbaria project is complete. Residents can view the project on Sunday, September 27th with sales opening on Monday, September 28th. The fee has been set at $1,950.00 per niche. Mr. Olson also gave an update on the airport project. Kent Exner, City Engineer, provided project updates on the Luce Line Trail and the Solar Project. Mr. Exner also informed the Council the repaving of Shady Ridge Road will start on Monday, September 28th with a completion date of Friday, November 6th Matt Jaunich, City Administrator, encouraged everyone to attend the Open Streets Hutchinson event, Saturday, September 26th. Opening ceremony will be 10:00 — 10:30 a.m. with recreational activities until 3:00 p.m. Mr. Jaunich also announced Waste Management will start picking up garbage/compost containers this week. 16. COUNCIL/MAYOR UPDATE William Arndt — Council Member Arndt also encouraged everyone to come to the Open Streets Hutchinson event Saturday, September 26th from 10:00 a.m. — 3:00 p.m. Council Member Arndt also thanked Representative Steve Dille for his continued support of the trail project. Mary Christensen — Council Member Christensen reminded everyone that school is back in session and to slow down when driving by the schools. Council Member Christensen also noted this Sunday, September 27th is the annual Living History tour. John Lofdahl — Council Member Lofdahl encouraged everyone to come to the outdoor movie event in Library Square on Saturday, September 26th from 7:30 — 10:00 p.m. featuring E. T. Mayor Forcier — Mayor Forcier noted he will be holding an open forum on October 6, 2015 at the VFW at 5:30 p.m. ADJOURNMENT Motion by Lofdahl, second by Arndt, to adjourn at 6:35 p.m. Motion carried unanimously. 11