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01-12-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JANUARY 12, 2016 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) CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and John Lofdahl. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Lofdahl, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Vineyard United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Proclamation — "One Book, One Community" Mary Henke, representative from Hearth of Hutch, presented before the Council. Ms. Henke explained that the subcommittee of Heart of Hutch that she represents is the area of Connect Wholeheartedly. This area believes that a strong community finds many ways for residents to interact with each other. The purpose of "One Book, One Community" is to have the community of Hutchinson focusing on one book at the same time. Ms. Henke reviewed programs associated with the book that are going on while the community is reading the book. (b) Resolution No. 14510 — Resolution Accepting Donation from VFW Post 906 Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the VFW Post 906 has donated $15,000 to the City. Two conditions are associated with the donation — one is that the money be used to construct a bathroom facility at the VFW Park and the other is that the money be spent by July 1, 2016. Sara Redekpp, Hunger Free McLeod, presented before the Council. Ms. Redekopp explained that Hunger Free McLeod is requesting the construction of a permanent bathroom facility at VFW Park. Hunger Free McLeod uses the park for their Summer Feeding Program. Ms. Redekopp explained that Hunger Free McLeod receives federal funding for the program. In order to receive funding, a restroom is required to be at the facility. Hunger Free McLeod has been renting a porta-potty for the last three summers, however there have been issues with vandalism. The estimated cost to construct a bathroom at VFW Park is approximately $43,700. The park department has indicated that they can allocate $10,000 from the 2016 budget to help cover the costs and Hutchinson Utilities Commission would be willing to provide the electrical service "in-kind". Along with the VFW donation, the project is still approximately $17,200 short of the needed funding to pay for this project. Ms. Redekopp noted she will continue to work on seeking funding to complete the program. Motion by Czmowski, second by Arndt, to approve Resolution No. 14510. Motion carried unanimously. 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) CITY COUNCIL MINUTES JANUARY 12, 2016 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of December 22, 2015 Motion by Christensen, second by Lofdahl, to approve 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) Resolution No. 14506 - Designating Depositories of City Funds in Commercial Banks and Institutions (b) Resolution No. 14508 - Appointing Matthew Jaunich as City Administrator for 2016 (c) Resolution No. 14509 - Designating Official Newspaper as Hutchinson Leader (d) Selection of Council's Vice President — Chad Czmowski (e) Designation of Council Representatives to Boards & Commissions: 1. AIRPORT COMMISSION — Gary Forcier 2. CREEKSIDE ADVISORY BOARD — John Lofdahl 3. HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (EDA) — Chad Czmowski and Mary Christensen 4. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY (HRA) — Gary Forcier 5. JOINT PLANNING BOARD — Bill Arndt 6. LIBRARY BOARD — Mary Christensen 7. MID -MINNESOTA COMMISSION — Bill Arndt 8. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD — Chad Czmowski 9. PLANNING COMMISSION — Bill Arndt 10. PUBLIC ARTS COMMISSION — Mary Christensen 11. TREE BOARD — Gary Forcier 12. BICYCLE -PEDESTRIAN ADVISORY COMMITTEE — John Lofdahl (f) Designation of Council Representatives to Other Committees: 1. HUTCHINSON DOWNTOWN ASSOCIATION — Gary Forcier 2. FIRE RELIEF ASSOCIATION — Fire Chief Mike Schumann, City Administrator Matthew Jaunich, Mayor Gary Forcier 3. RESOURCE ALLOCATION COMMITTEE — Gary Forcier and John Lofdahl 4. WAGE COMMITTEE — Chad Czmowski and Gary Forcier 5. CITY -SCHOOL DISTRICT JOINT PLANNING COMMITTEE — Chad Czmowski and Gary Forcier 6. RADIO BOARD —John Lofdahl 2 CITY COUNCIL MINUTES JANUARY 12, 2016 7. SOLID WASTE COMMITTEE — Bill Arndt (g) Consideration for Approval of 2016 City Calendar (h) Reappointment of Daron Vanderheiden to Hutchinson EDA to December 2021 (i) Appointment of Mike Cannon to Hutchinson EDA to December 2021 0) Resolution No. 14517 - Resolution Establishing Location for Traffic Control Devices (k) Resolution No. 14519 - Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No. 4 and the Proposed Establishment of Tax Increment Financing District No. 4-16 Therein and the Adoption of a Tax Increment Financing Plan Therefor (1) Consideration for Approval of Items for 2016 Pavement Management Program Phase 1 Project — Letting No. 1, Project No. 16-01 - Resolution No. 14511 - Ordering Preparation of Report on Improvement - Resolution No. 14512 - Receiving Report and Calling Hearing on Improvement - Setting Public Hearing for February 9, 2016, at 6:00 p.m. (m) Consideration for Approval of Items for 2016 Street Sealcoating Project — Letting No. 3, Project No. 16-03 - Resolution No. 14513 - Ordering Preparation of Report on Improvement - Resolution No. 14514 - Receiving Report and Calling Hearing on Improvement - Setting Public Hearing for February 9, 2016, at 6:00 p.m. (n) Consideration for Approval of Items for City of Hutchinson Local Surface Water Management Plan - Resolution No. 14518 - Resolution Calling Hearing - Setting Public Hearing for February 9, 2016, at 6:00 p.m. (o) Claims, Appropriations and Contract Payments - Register A Item (f)5 — Chad Czmowski questioned if this committee is still active Item (f)7 — Bill Arndt questioned if this committee is still active Matt Jaunich noted he will check into whether or not these committees are still active. Motion by Czmowski, second by Christensen, to approve Consent Agenda I. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments - Register B Motion by Arndt, second by Czmowski, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 9. Consideration of Ordinance No. 15-749 — An Ordinance Approving Revisions to Sections of the 3 CITY COUNCIL MINUTES JANUARY 12, 2016 Hutchinson City Charter as Recommended by the Charter Commission (Set Second Reading and Adoption for January 26, 2016) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Charter Commission met in November and December 2015 and has recommended some amendments to the City Charter. Mr. Sebora explained that state law requires a public hearing be held when considering amendments to the Charter via ordinance. Mr. Sebora reviewed the proposed amendments. They are as follows: Section 2.04 —Elective Officers: changing the beginning of the term of an elective officer be the first Monday in January as opposed to the first business day in January. If the Monday is a holiday, then it would be the first Tuesday in January. Section 2.09 — Vacancies in the Council: Allowing an appointee to complete an expired term of a council member if there are two years or less of a term rather than one year or less. In addition, language has been revised to indicated holding a special election to fill a vacant seat if an unexpired term exceeds two years rather than one year. Section 3.01— Council Meetings: This change is to hold the first Council meeting of the year following an election of the first Monday in January rather than on the first business day in January. If the Monday is a holiday, then the meeting would be held on the first Tuesday in January. Section 4.011 — Municipal Election: The amendment strikes out reference to a specific month of the primary and simply refers to the state law. Section 4.02 — Special Elections: Adds language allowing the Council the authority to cancel a special election if the candidate appointed to serve the remainder of an unexpired term is the only candidate on the ballot. Section 7.05 — Capital Improvement Program: Changes the timeline from June 1 to August 1 of each year for the city administrator to prepare and submit a recommended five-year capital improvement program. Section 7.06 — Council Action on Budget: Changes the timeline from the first meeting in September to the second meeting in September for the Council to consider the City's budget. Section 10.01— Franchises Required: Amended language allows Council approval rather than ordinance adoption for temporary uses of public property. Council Member Lofdahl asked questions about whether or not the Council should consider any of these items being voted on at an election, or instead have a petition circulated to consider amendments. Council Member Lofdahl specifically questioned amendments to Section 2.09 — Vacancies in the Council. He thought perhaps voters could vote on this item or if a resident had a desire to have this section amended differently, a petition could be circulated. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook spoke about the proposed changes to Section 2.09. Mr. Cook explained that in the year 2000, voters did vote on this section and voted to the one year language. Since this language was adopted (as it is currently written), the only instance where an appointment has been made was in 2015. Mr. Cook suggested that if the concern is having a special election for only one candidate, he suggested amending Section 4.02 — Special Elections. Mr. Cook felt that amending Section 2.09 as it is presented overturns a vote of the people. Mr. Cook requested the Council table this item, including all the recommended amendments, and refer it back to the Charter Commission. Mr. Cook suggested that the Council not overturn a vote of the people and take care of the issue by amending the Charter in a different manner. Mr. Cook also suggested amending Section 4.02 to clarify that the only way a special election would be cancelled is if the appointed individual was the only candidate on the ballot. Council Member Lofdahl noted he would be in favor of tabling this item to allow more time to receive additional information. Steve Cook noted that he feels the Council should honor the vote of the people in 2000. He noted he has considered petitioning for an additional amendment to increase the mayor's term to four years, however he is second guessing the work that goes into circulating a petition if a future Council and Charter Commission will just overturn a decision by the voters. Mr. Cook spoke about responsibilities of the mayor's position. Mr. Cook noted that at a recent Charter Commission meeting, it was mentioned that the mayor was just a figurehead. Mr. Cook stated that this statement is a disservice to the position. Mr. Cook provided various statistics on the numbers of cities that have four-year mayoral terms. Mr. Cook also spoke of the benefits he sees to a four-year mayoral term. He asked that the Charter Commission reconsider changing the mayor's term from two years to four years and allow the people to vote on the issue. Mr. Cook also encouraged the Council to adopt by-laws. Motion by Czmowski, second by Lofdahl, to close public hearing. Motion carried unanimously CITY COUNCIL MINUTES JANUARY 12, 2016 Motion by Lofdahl, second by Christensen, to table this item to February 9, 2016. Marc Sebora noted that state law requires the Council to vote on this ordinance within one month from today. Mr. Sebora also noted that there are other alternatives available to amend the Charter. Motion carried unanimously. 10. Water Tower (Golf Course Road) Reconditioning Project — Letting No. 4, Project No. 16-04 - Resolution No. 14515 - Resolution Ordering Improvement and Preparation of Plans and Specifications - Resolution No. 14516 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids - Setting Bid Opening for February 18, 2016, at 10:30 a.m. Kent Exner, City Engineer, presented before the Council. Mr. Exner provided a brief project overview of the Golf Course Road water tower reconditioning program. The project is to address the internal and external coatings of the water tower. The water tower was constructed in 1972 with the last coatings being applied in 1988. The estimated cost of the project is $600,000. Motion by Czmowski, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Christensen, second by Lofdahl, to approve Resolution No. 14515 & 14516 and set bid opening for February 18, 2016. 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) UNFINISHED BUSINESS NEW BUSINESS 11. Approve/Deny Purchase of Property Located at 126 Franklin Street NW As Requested by the Hutchinson Economic Development Authority Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the Hutchinson EDA is requesting authorization to purchase a blighted property located at 126 Franklin Street NW which is known as the "old medical clinic". The EDA's plan is to purchase the property, demolish the existing building and improve the site in order to set the stage for future development. The project would be funded out of existing tax increment dollars in Development District No. 4, which can only be used for the remediation and removal of blight. Motion by Czmowski, second by Lofdahl, to approve purchase of property located at 126 Franklin Street NW as requested by the Hutchinson EDA. Motion carried unanimously. 12. Approve/Deny Setting January 25, 2016, as Special Meeting for Hutchinson Center for the Arts Annual Meeting Matt Jaunich noted that the Council has been invited to attend the CFA annual meeting being held at 6:00 p.m. on January 25, 2016. Motion by Czmowski, second by Lofdahl, to set special meeting for January 25, 2016, at 6:00 p.m.to attend the Hutchinson Center for the Arts annual meeting. 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) CITY COUNCIL MINUTES JANUARY 12, 2016 13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Public Library Board Minutes from November 23, 2015 (b) Snow Removal — Ice Control Report for November and December 2015 c) Liquor Hutch Annual Report for 2015 d) Bicycle -Pedestrian Advisory Committee Minutes from September 16, 2015 MISCELLANEOUS 14. STAFF UPDATES Matt Jaunich — Mr. Jaunich noted that City offices will be closed January 18, 2016, in honor of Martin Luther King, Jr. Day. Mr. Jaunich also noted that over the last few weeks staff has received anonymous letters posing questions to staff. Mr. Jaunich encouraged people to provide their contact information so they can be responded to. 15. COUNCIL/MAYOR UPDATE Bill Arndt — Council Member Arndt suggested that the Council representatives to the various boards/commissions provide updates at the Council meetings from their respective meetings. Council Member Arndt also noted that he had received a comment from an elderly woman in reference to the lighting in the area of the ice arena/recreation center. Matt Jaunich and Kent Exner noted that staff received a comment as well and at this time have agreed to put wall-pacs on the buildings surrounding the parking lot. Council Member Arndt suggested putting a fixture up in the space between the buildings so as not to take up parking lot space. Council Member Arndt also commented the back lot of the Hutchinson Mall is extremely dangerous with the number of potholes. Staff noted that there is little they can do other than perhaps look into nuisance scenarios, however that could open the door to several private properties that would be categorized as a nuisance that the City really has no control over. John Lofdahl — Council Member Lofdahl asked Marc Sebora, City Attorney, to look into compliance with the new federal legislation related to gun laws and the gun shows that are held in the City. Council Member Lofdahl spoke of a nuisance property a couple doors down from his home on Jefferson Street. Mary Christensen — Council Member Christensen asked staff to provide an update on regulating the turkey population. Matt Jaunich, City Administrator, informed the Council that the City recently received its permit from the DNR to capture turkeys and to date have captured five. The permit allows the City to capture 25 turkeys so therefore staff will continue to capture up to 25 turkeys. Council Member Christensen also suggested having new employees come forth at Council meetings so the Council and the public can meet new employees and be able to put a name with the face of public positions. Gary Forcier — Mayor Forcier encouraged residents to adopt a fire hydrant and clean the snow from around them to assist firefighters in case of an emergency. Mayor Forcier noted that John Olson will give a presentation at an upcoming meeting on how snow routes are prioritized. 16. CLOSED SESSION PURSUANT TO MINNESOTA STATUTE §13D.05, SUBD. 3(a) TO CONDUCT CITY ADMINISTRATOR ONE-YEAR PERFORMANCE REVIEW Motion by Arndt, second by Christensen, to convene into closed session at 7:30 p.m. Motion carried unanimously. Motion by Czmowski, second by Arndt, to reconvene into open session at 8:35 p.m. Motion carried unanimously. I CITY COUNCIL MINUTES JANUARY 12, 2016 Motion by Czmowski, second by Christensen, to approve a 6% salary increase for City Administrator, Matthew Jaunich. Motion carried unanimously. ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 8:37 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator 7