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07-12-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JULY 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 notyet 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, and Mary Christensen. Member absent was 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 Czmowski, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Crosspoint Church 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 speakfor more than five minutes should askto 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 Deane Dietel, Arch Street, presented before the Council. Mr. Dietel noted that he has a friend that lives in Miller townhomes on School Road and he is appalled with the area after a large rainfall and the amount of debris that is left behind. Lots of debris comes on the street after a large rainfall because of inadequate drainage and pollution going down the storm drains. Stoney Point Bay is very low. He asked the City to take this concern seriously. Kent Exner, City Engineer, noted that the City is taking measures to improve incidents with its street sweeping program and other MS4 requirements. A river/lakes basin improvement study was approved at the Resource Allocation Committee meeting last week. A consultant will review the functionality of the spillway structure, upstream vegetation, and sediment/contamination. Sediment accumulation coming upstream from the river is a concern for everyone. Mr. Dietel also requested that everyone that mows grass, including city workers, not blow the grass into the street. 6. APPROVAL OF MINUTES (a) Regular Meeting of June 28, 2016 Motion by Christensen, second by Arndt, 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 CITY COUNCIL MINUTES JULY 12, 2016 a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Issuing Temporary Liquor License to St. Anastasia Catholic Church on September 10 & 11, 2016 (b) Consideration for Approval of Resolution No. 14583 - Resolution Revising and Adopting Assessments for 2016 Pavement Management Program Project (Letting No. 1, Project No. 16-01) (c) Consideration for Approval of Resolution No. 14586 - Resolution Appointing Election Judges for Primary and General Elections (d) Consideration for Approval of Issuing McLeod County Agriculture Association a Short - Term 3.2 Malt Liquor License on August 17, 2016, and a Temporary Liquor License From August 18-21, 2016, for the McLeod County Fair (e) Consideration for Approval of Improvement Project Change Orders i. Change Order No. 4 — Letting No. 1, Project No. 16-01 (2016 Pavement Management Program) ii. Change Order No. 1 — Letting No. 8, Project No. 16-08 (2016 Hutchinson Downtown Signage) (f) Consideration for Approval of Items for Denver Avenue SE Project — Letting No. 1, Project No. 17-01 i. Resolution No. 14584 - Resolution Ordering Preparation of Report on Improvement ii. Resolution No. 14585 - Resolution Receiving Report and Calling Hearing on Improvement (g) Claims, Appropriations and Contract Payments — Check Register A Motion by Arndt, second by Christensen, to approve Consent Agenda I. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Christensen, second by Arndt, with Czmowski abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 9. APPROVE/DENY ORDINANCE NO. 16-761 AN ORDINANCE ISSUING FRANCHISE TO DAME'S DIGS, LLC (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR JULY 26, 2016) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Dame's Digs LLC owns the Hometown Realty building located on Washington Avenue. Mr. Sebora noted that back in the 1990s when the building was constructed it was discovered that the building encroached approximately 1.5 feet into the right-of-way on Jefferson Street. Because of 2 CITY COUNCIL MINUTES JULY 12, 2016 this, the Council granted a 20 -year franchise to the owners to occupy the right-of-way due to the construction error. Mr. Sebora explained that while he was speaking with the property owner, Cheryl Dooley, a discussion was held with regard to the possibility of the City selling this portion of right-of-way to the property owner so that a franchise would no longer be necessary. Further discussion will need to be held, however Mr. Sebora asked that the public hearing be held tonight and the item tabled indefinitely to allow time for this to be discussed. Motion by Arndt, second by Christensen, to close the public hearing. Motion by Czmowski, second by Christensen, to table this item indefinitely. 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) 10. UPDATE ON ARTPLACE GRANT — STEVE COOK Steve Cook, 728 Juul Road SW, presented before the Council. Mr. Cook provided the Council an update on the application that was submitted for the ArtPlace grant. Regrettably, Hutchinson was not successful in achieving the grant mainly due to a health component that was a requirement of the grant application that the City could not fulfill. Mr. Cook along with other organizations will continue to pursue other grant opportunities. UNFINISHED BUSINESS 11. APPROVE/DENY ORDINANCE NO. 16-759 — AN ORDINANCE ADOPTING CITY OF HUTCHINSON TELECOMMUNICATIONS ORDINANCE — CHAPTER 154.119 (SSD READING AND ADOPTION) John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson reminded the Council that a public hearing and first reading of the ordinance was held at the last Council meeting. Mr. Paulson noted that no changes have been made to the ordinance since the last meeting. Mr. Paulson also provided a summary ordinance for the Council to consider for publication. Motion by Christensen, second by Czmowski, to approve Ordinance No. 16-759 along with the summary ordinance for publication. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY THE 2015 AUDITED FINANCIAL REPORT Andy Reid, Finance Director, introduced Kyle Meyers, Abdo, Eick, & Myers, the City's financial auditor. Mr. Reid noted that the financial report is on the City's web site and is also available in hard copy at the city center and at the public library. Mr. Meyers presented before the Council. Meyers noted that the audit is clean and there are no findings. Mr. Meyers also noted a new standard that was implemented and spoke about the report being submitted to the GFOA. Mr. Meyers stated that City has received a certificate of financial excellence for the 19th year in a row. Mr. Meyers reviewed the 2015 financial results. The City's total net position increased by $7,308,000 which is an increase from last year. Over $4.3 million in capital grants and contributions in 2015 were included along with the City's enterprise funds contributing over $4.8 million. The City's general fund year-end fund CITY COUNCIL MINUTES JULY 12, 2016 balance held at 59.8% of the 2016 expenditure budget. Most all City funds have positive fund balances. Debt service requirements steadily decrease over the next 10 years. Capital projects funds have built up healthy reserves in the capital improvement projects and community improvement funds. All enterprise funds currently have sufficient cash flows to fund operating costs and debt service payments and healthy cash reserves to pay three months of operating costs and one year of debt service payments. Motion by Czmowski, second by Christensen, to approve 2015 audited financial report. Motion carried unanimously. 13. APPROVE/DENY SUBDIVISION AGREEMENT FOR HIGHFIELD ADDITION PLAT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the Highfield Addition Plat was recently approved by the Council for the apartment complex development on Hwy 15 South. The subdivision agreement sets out criteria for the development with the developer. The agreement clarifies site improvements and utility installations, funding and dedications, other fees, charges and expenditures and other general conditions. The developer is in agreement with the terms spelled out in the agreement. Motion by Arndt, second by Czmowski, to approve subdivision agreement for Highfield Addition Plat. Motion carried unanimously. 14. APPROVE/DENY RE -SETTING AUGUST 9, 2016, CITY COUNCIL MEETING Matt Jaunich, City Administrator, explained that the primary election is being held on August 9, 2016, and no public meetings may be held between 6:00-8:00 p.m. on that date. Mr. Jaunich offered some suggestions to re -set the meeting. Motion by Arndt, second by Christensen, to re -set August 9, 2016, City Council meeting to begin at 4:00 p.m. Motion carried unanimously. Mr. Jaunich noted that earlier in the agenda the Council approved Resolution No. 14585 which set a public hearing time for 6:00 p.m. Mr. Jaunich recommended amending the Resolution for the public hearing to be held at 4:30 p.m. Motion by Czmowski, second by Forcier, to amend Resolution No. 14585 for public hearing to be held at 4:30 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.) 15. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS a) Hutchinson Housing & Redevelopment Authority Board Minutes from May 17, 2016 b) PRCE Board Minutes from June 7, 2016 (c) Liquor Hutch Quarterly Report for January — June 2016 MISCELLANEOUS 11 CITY COUNCIL MINUTES JULY 12, 2016 16. STAFF UPDATES Kent Exner — Mr. Exner provided an update on the improvement projects which are moving along as scheduled. Sealcoating is almost complete with some striping yet to be completed. Golf Course Road water tower reconstruction will begin August 1. Mr. Exner addressed Mr. Dietel's concerns raised earlier in the meeting and acknowledged the Hutchinson Waters group that is working diligently on protecting the City's water streams. Matt Jaunich — Mr. Jaunich reminded the Council of the j oint meeting with the EDA on July 19'h at 12noon and the joint meeting with the County Board on July 21st at 12noon at the Solid Waste Facility. Mr. Jaunich also noted that Senator Franken plans on visiting Hutchinson this Saturday to discuss infrastructure from highways to trails to energy. 17. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen noted that she has received several complaints on the parking lot condition behind the mall and Cash Wise. Mr. Jaunich noted that he has received complaints as well over the last six months, however the property is privately -owned. Unless the City wants to put in place an ordinance regulating private parking lots, the City really has no authority to regulate them. Bill Arndt — Council Member Arndt commented on the mosquito spraying quality and to confirm that the City is receiving the same service as it has in the past. Council Member Arndt also spoke about funding for projects along the Crow River. ADJOURNMENT Motion by Arndt, second by Christensen, to adjourn at 6:40 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator