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05-24-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MAY 24, 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) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Chad Czmowski, Bill Arndt, Mary Christensen and John Lofdahl. Others present were Matt Jaunich, City Administrator, and Marc Sebora, City Attorney (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Item No. 11 can be pulled from the agenda. The City received information from the Department of Revenue indicating that the massage license holder, Liz Lindemeier, has provided adequate information to them and they are no longer requesting that her license be revoked. Motion by Lofdahl, second by Christensen, to remove Item 11 from the agenda. Motion carried unanimously. 2. INVOCATION — Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 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 Amy Wilde, candidate for District 18 Senate, presented before the Council. Ms. Wilde stated she is visiting cities within the district to identify what current issues they have and how she can assist as a candidate and potential legislator. 6. APPROVAL OF MINUTES (a) Regular Meeting of May 10, 2016 (b) Special Meeting of May 12, 2016 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 CITY COUNCIL MINUTES MAY 24, 2016 (a) Consideration for Approval of Construction Project Management Services Agreement with Signature Aquatics (b) Consideration for Approval of Issuing Short -Term Gambling License to Voiture 414 on November 22, 2016, at VFW Post 906 (c) Consideration for Approval of Resolution No. 14562 — 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. 4-18 and Adoption of a Tax Increment Financing Plan (d) Consideration for Approval of Items for Southwind Fifth Addition i. Resolution No. 14564 — Resolution Adopting Findings of Fact and Reasons for Approval of a Lot Split at 1550 Sherwood Street SE ii. Resolution No. 14565 — Resolution Adopting Findings of Fact and Reasons for Approval of Southwind Fifth Addition Preliminary and Final Plat (e) Consideration for Approval of Items for Hutchinson High School i. Resolution No. 14566 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit and Site Plan to Allow Construction of an Addition at Hutchinson High School Located at 1200 Roberts Road SW ii. Resolution No. 14567 — Resolution Adopting Findings of Fact and Reasons for Approval of Variance Application to Increase the Allowable Building Height for Construction of Hutchinson High School Addition Located at 1200 Roberts Road SW (f) Consideration for Approval of Resolution No. 14568 — Resolution Approving Sale at Auction of Surplus Property (g) Consideration for Approval of Items for Caribou Coffee/Einstein Brothers Bagels i. Resolution No. 14569 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit and Site Plan to Allow Construction of a Caribou Coffee/Einstein Brothers Bagels Located at 1100 Highway 15 South ii. Consideration for Approval of Resolution No. 14570 — Resolution Adopting Findings of Fact and Reasons for Approval of a Variance Application to Decrease the Building and Parking Lot Setbacks Located at 1100 Highway 15 South (h) Appointment of Renee Kotlarz to HRA Board to August 2021 (i) Consideration for Approval of Issuing Transient Merchant License to Philip Westby of the Country Stop to Operate a Produce Stand Located in Plaza 15 Parking Lot 0) Claims, Appropriations and Contract Payments Item 7(g) was pulled for separate discussion. Motion by Czmowski, second by Lofdahl, to approve consent agenda with the exception of Item 7(g). Motion carried unanimously. 7(g) — Council Member Christensen asked if any soil work has to be done due to this lot 2 CITY COUNCIL MINUTES MAY 24, 2016 previously being a gas station. Dan Jochum, Planning Director, noted that everything has been approved by the MPCA. Motion by Christensen, second by Arndt, to approve Item 7(g). Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 8. CONSIDERATION OF ORDINANCE NO. 16-758 —AN ORDINANCE APPROVING REVISIONS TO SECTIONS OF THE HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (Set Second Reading and Adoption for June 14, 2016) Public hearing was opened at 6:03 p.m. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora reminded the Council that earlier this year, the Charter Commission had forwarded to them amendments to eight sections of the City Charter. All of these amendments were encapsulated in one ordinance. The Council was in favor of all of the amendments except for amendments to two of the sections, therefore the Council had to reject the entire ordinance because it could not extract sections from the Charter. Six of those amendments are back before the Council. Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to set second reading and adoption of Ordinance No. 16- 758 for June 14, 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.) 9. REVIEW OF CHARTER COMMISSION RECOMMENDATION PERTAINING TO ORDINANCE NO. 16-755 — AN ORDINANCE ADOPTING REVISIONS TO SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT (MAYORAL TERMS) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year the City Council had adopted an ordinance changing mayoral terms from two years to four years. The ordinance was then forwarded to the Charter Commission for their review and recommendation as required by state statute. The Charter Commission met on April 27, 2016, and voted not to accept the proposed Charter amendment and instead keep the language as is with a four-year mayoral term. If the Council proceeds with the proposed Charter amendment as they adopted, Mr. Sebora suggests that the Council approve ballot language in the near future that can be forwarded to the County Auditor for ballot preparation. Council Member Arndt commented that the Charter Commission has voted three times to keep two- year mayoral terms. He does not see any issue with the current two-year system. Council Members Czmowski, Christensen and Lofdahl noted they would like to see a question on the November ballot for the voters to decide on this matter. Council Member Lofdahl commented on benefits of having a four-year mayoral term, such as building relationships with legislators. Council Member Arndt commented that the people get to decide every two years on the mayor now with the election. Mayor Forcier noted he is in favor of the voters deciding this item as a ballot question at the upcoming election. Staff will prepare ballot language for the Council to consider. Motion by Lofdahl, second by Christensen, to respectfully reject the Charter Commission's recommendation and move forward with a ballot question on four-year mayoral terms. Roll call vote: Christensen — aye; Lofdahl — aye; Arndt — nay; Czmowski — aye; Forcier — aye. Motion carried 4 to CITY COUNCIL MINUTES MAY 24, 2016 1. UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY ORDINANCE NO. 16-760 — AN ORDINANCE TO REZONE PROPERTY AT 1550 SHERWOOD STREET SE TO R-2 (MEDIUM DENSITY RESIDENTIAL) FROM R-1 (SINGLE FAMILY RESIDENTIAL) AS REQUESTED BY HAZEL SITZ, PROPERTY OWNER (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 14, 2016) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that this item is related to the Southwind Fifth Addition project. This project is slated for eight twin homes and therefore needs to be rezoned from R1 to R2. Motion by Czmowski, second by Arndt, to set second reading and adoption of Ordinance No. 16- 760 for June 14, 2016. Motion carried unanimously. 12. APPROVE/DENY RESOLUTION NO. 14558 — RESOLUTION TRANSFERRING BOARD OF APPEAL & EQUALIZATION TO MCLEOD COUNTY Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reminded the Council that at the Board of Appeal and Equalization held in April the Council noted they would be in favor of transferring the board of appeal and equalization authority to an open book format overseen by the County Assessor's Office. The Resolution before the Council is for a three-year open book period. The open book process is proposed to take place at the County Assessor's Office. Mr. Jaunich informed the Council that he did receive a request from a resident that the open book process take place within the City. The Council held a discussion on holding the process at City offices versus the County Assessor's Office and ultimately determined that the open book process will take place at the County Assessor's Office. Mr. Jaunich noted the City would still receive an annual report on market sales as has previously been provided. Mr. Jaunich noted again the Resolution is for a three-year period and if things need to be adjusted after that, it certainly could. Motion by Czmowski, second by Christensen, to approve Resolution No. 14558. Roll call vote was taken: Christensen — aye; Lofdahl — aye; Arndt — nay; Czmowski — aye; Forcier — nay. Motion carried 4 to 1. 13. APPROVE/DENY RESOLUTION NO. 14563 — APPROVING A DEBT MANAGEMENT POLICY Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reminded the Council that a workshop was held last month regarding revising the City's debt management plan. The proposed policy would replace the current policy in place which increases the annual debt limits from 11 CITY COUNCIL MINUTES MAY 24, 2016 $2.2 million to $2.6 million. Adoption of the policy would cause a tax increase that would go into effect in 2023 to help pay for the adjustment. The debt levy would need to be increased from 2023 to 2032 at an average annual increase of about 1.7%. Approval of this policy would affect projects beginning next year. Motion by Czmowski, second by Lofdahl, to approve Resolution No. 14563. Motion carried unanimously. 14. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JULY 12, 2016, TO REVIEW THE 2015 AUDITED FINANCIAL REPORT Motion by Christensen, second by Lofdahl, to set Council workshop for July 12, 2016, at 4:15 p.m. to review 2015 audited financial report. Motion carried unanimously. Motion by Arndt, second by Christensen, to set public meeting for June 3, 2016, at 11:00 a.m. in Library Square for Council Members to attend Dairy Days. 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) 15. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS a) Hutchinson Public Library Board Minutes from April 25, 2016 b) Pioneerland Library System 2015 Year in Review c) City of Hutchinson Financial Reports and Investment Report for April 2016 d) Hutchinson Housing & Redevelopment Authority Board Minutes from April 19, 2016 e) Planning, Zoning, Building Department First Quarter Report f) Planning Commission Minutes from April 19, 2016 MISCELLANEOUS 16. STAFF UPDATES John Olson — John Olson, Public Works Manager, informed the Council that the first mosquito spray of the season is scheduled for tomorrow. Mr. Olson provided project updates on the street improvement projects. Matt Jaunich — Mr. Jaunich noted that on Memorial Day City Offices will be closed. Mr. Jaunich also provided a candidate filing update: Gary Forcier has filed for Mayor, Chad Czmowski has filed for Seat 4 and one other individual has filed for Seat 3. Filing closes on May 31 . Mr. Jaunich also noted that the City received today the signed agreement from Ridgewater. Mr. Jaunich noted that he has received a request from a citizen that the Council consider adding a second compost cart. 17. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen asked John Olson if he has heard anything further from NuTelecom on the request they made to the City last year regarding putting wi-fi hotspots on the City's light poles around Library Square. Matt Jaunich noted that several inquiries have been made to the City from various vendors for various pieces of equipment. Staff is putting together an ordinance to address these issues. CITY COUNCIL MINUTES MAY 24, 2016 Bill Arndt — Council Member Arndt reminded drivers to have their headlights on for safety when it is foggy and rainy. Gary Forcier — Mayor Forcier asked residents to adopt a drain and make sure the storm drains are cleaned out and not plugged up with debris. ADJOURNMENT Motion by Arndt, second by Lofdahl, to adjourn at 6:25 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator I