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09-27-2016 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 27, 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 andpractices, 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, John Lofdahl and Mary Christensen. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that a massage license application has been submitted that should be considered this evening. The applicant is Amber Rogers from Harmony Massage LLC. This item may be added at Item 7(1) under the consent agenda. Motion by Arndt, second by Czmowski, to approve the agenda with the addition noted. Motion carried unanimously. 2. INVOCATION — Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 14615 — Resolution Accepting Cash Donations from Village Ranch Inc. and The Paint Factory LLC for Hutchinson Police Department Memorial Park Motion by Czmowski, second by Arndt, to approve Resolution No. 14615. Motion carried unanimously. Chief Hatten noted that the donations received will help maintain the park. 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 S 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 Amy Solinger, 525 Harvest Street, presented before the Council. Ms. Solinger noted that at the last meeting the Council noted that a group should be formed to seek private donations for construction of a dog park. Ms. Solinger noted that the group soliciting funds is not a non-profit or other organization and therefore are looking for a place for the funds to placed and held. Mr. Jaunich noted that the City can accept the funds as donations, however he has concerns with tracking the funds and the intended purpose of the funds if the project does not proceed. Ms. Solinger noted that the donators have indicated that if the project does not move forward, they are in agreement with the funds being donated to the animal shelter. The group cannot open a bank account unless they are a 501(c)3 and their group does not meet the criteria to be a 501(c)3. They are awaiting word from an organization to assist them but have not heard back from them to date. Staff noted that once the funds are donated to the City, they are considered city funds and cannot be donated to another nonprofit organization, such as the animal shelter, if the dog park project did not proceed. CITY COUNCIL MINUTES SEPTEMBER 27, 2016 John Nichols presented before the Council. Mr. Nichols noted that based on the petitions received, there is an extreme interest in a dog park being constructed in the city. Donations have already been received and the group intends to raise $10,000. It was suggested that perhaps the group donate funds to the City in $2500 increments and have a timeline that the project be completed by. It was lastly suggested that the group meet with the city administrator to work out details. 6. APPROVAL OF MINUTES (a) Regular Meeting of September 13, 2016 (b) Workshop Minutes of September 13, 2016 Motion by Czmowski, second by Christensen, 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 (a) Consideration for Approval of Water Department Equipment Donation (b) Consideration of Resolution No. 14617 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for a Pole -Framed Addition to an Existing Building at 1110 Hwy 7 East for the Purpose of Retail Sales, Including Outdoor Storage and Display with Favorable Planning Commission Recommendation (c) Consideration of Resolution No. 14618 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Allow Construction of an 11 -Unit Addition to an Existing Building and Garage at 1025 Dale Street SW in an R-4 Zoning District with Favorable Planning Commission Recommendation (d) Consideration of Resolution No. 14619 — Resolution Adopting Findings of Fact and Reasons for Approval of Variance Application to Reduce Setbacks at 1109 Lewis Avenue with Favorable Planning Commission Recommendation (e) Consideration of Resolution No. 14620 — Resolution Adopting Findings of Fact and Reasons for Approval of Site Plan Review at 1164 Benjamin Avenue SE with Favorable Planning Commission Recommendation (f) Consideration for Approval of Issuing Caterer's Permit to J&N Schlagel at Hutchinson Event Center on October 8, 2016 (g) Consideration for Approval of Assignment of Highfield Apartments TIF Development Agreement 2 CITY COUNCIL MINUTES SEPTEMBER 27, 2016 (h) Consideration for Approval of Out -of -State Travel for Dan Hatten to Attend the Annual International Association of Chief of Police Conference October 14 -18, 2016, in San Diego, California (i) Consideration for Approval of Premises Permit Application for Hutchinson Hockey Association, Inc. 0) City of Hutchinson Board Reappointments - Julie Lofdahl and Steve Bailey to Library Board to April 2019 - Sara Turrell to Bicycle/Pedestrian Advisory Committee to August 2019 - Todd Brandel to Police Commission to May 2019 - Haley Jacobson and Heather Marcus to Public Arts Commission to August 2019 (k) Claims, Appropriations and Contract Payments (1) Consideration for Approval of Issuing Massage License to Amber Rogers of Harmony Massage, LLC Items 7(c) and 70) were pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve the consent agenda with the exception of the items noted. Motion carried unanimously. Item 7(c) had further discussion. Roland Ebent, Christ the King Lutheran Church, presented before the Council. Mr. Ebent explained that when the initial construction of Woodstone began in 2013 the owners of Woodstone noted that a reciprocal easement agreement would be entered into for emergency vehicles to turnaround between Christ the King and Woodstone. That has not been done to date. Mr. Ebent asked that the consideration before the Council tonight be subject to a permanent reciprocal easement between Woodstone and Christ the King. Mr. Sebora noted that he has spoken with Mr. Ebent in the past regarding this issue and has spoken with a representative of Bear Paw Properties, LLC, the owner of the Woodstone. The owner is in agreement and has no issues with entering into a reciprocal agreement. Matt Tauer, Bear Paw Properties, presented before the Council. Mr. Tauer explained that a rough draft of an easement agreement has been presented to the church however, the Church Council doesn't meet until October 12'' for formal approval to be considered. Mr. Tauer noted that on behalf of Bear Paw Properties, LLC, he would accept that an additional condition of the CUP be that an easement agreement be entered into between Woodstone and Christ the King Church before a certificate of occupancy be issued. Motion by Lofdahl, second by Christensen, to add condition 10 to the CUP noting that an easement agreement be finalized between the two property owners before a certificate of occupancy be issued. Motion carried unanimously. Motion by Czmowski, second by Christensen, with Lofdahl abstaining, to approve Item 70). Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 8. SMALL CITIES DEVELOPMENT PROGRAM DOWNTOWN RENTAL REHAB PROJECT CITY COUNCIL MINUTES SEPTEMBER 27, 2016 Jean Ward, HRA Director, presented before the Council. Ms. Ward noted that the HRA is proposing to expand the SCDP Downtown Rental Rehab Target area. The slight expansion of the current target area is necessary to meet the grant goal to rehab 35 units by December 31, 2017. The boundaries have shifted from Franklin to Glen Street and Main Street to Jefferson Street. The initial target area was composed of 34 properties signing an intent to participate, however most owners did not follow through with the program. Therefore, the HRA is now at a standstill until the target area is expanded. Three properties with 30 units near the original target area have expressed interest in the program and have submitted pre - applications for properties that meet eligibility criteria. If the expanded target area is approved and these properties are added, the HRA and city will be able to meet or exceed the grant unit goals. Motion by Lofdahl, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to approve expansion of target area and grant adjustment request. 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/PRESENTATION BY HUTCHINSON CENTER FOR THE ARTS Lisa Bergh, Executive Director for the Hutchinson Center for the Arts, presented before the Council. Ms. Bergh explained the partnerships created with several organizations and the CFA. These organizations pay dues to the CFA and the CFA provides them space and provides them other assistance. Ms. Bergh spoke of the CFA programs developed over the last few years with the youth programs really taking off. Ms. Bergh reviewed in more detail the youth programs offered at CFA. Matt Jaunich noted that the City contributes $15,000 to the CFA and has that commitment until 2017. 10. UPDATE/PRESENTATION BY PUBLIC ARTS COMMISSION ON PROPOSED SCULPTURE AT OAKLAND CEMETERY Haley Jacobson, Public Arts Commission, presented before the Council. Ms. Jacobson noted that the PAC is requesting $5000 from the PAC fund to be used towards a sculpture at Oakland Cemetery to assist with funding the project. As of September 20, 2016, there is $12,565.49 for public arts projects within the Community Improvement Fund. A $5000 grant has been received from SMAC and other grants totaling $5000. The goal is to have the unveiling of the sculpture next Fall. Motion by Lofdahl, second by Christensen to earmark $5000 for sculpture at Oakland Cemetery. Motion carried unanimously. 11. ANNUAL UPDATE ON THE HUTCHINSON LIBRARY AND PIONEERLAND LIBRARY SYSTEM Katy Hiltner, Head Librarian, presented before the Council. Ms. Hiltner provided an overview of activities at the public library and statistics of visitors and users of the library system. In high demand is technology usage. In addition, creating lifelong readers is a mission of the library. Ms. Hiltner also reviewed the vast amounts of programs offered at the library. Ms. Hiltner also spoke about the partnerships and volunteers in place at the library. 11 CITY COUNCIL MINUTES SEPTEMBER 27, 2016 Pioneerland Library System will be seeking a 2% increase over FY2016 funding. The increase will be spent on services, collection and programs to benefit the community of Hutchinson. Mr. Jaunich noted this increase has been included in the preliminary budget. 12.2016 RESIDENTIAL LEAF VACUUM SERVICE PREVIEW John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that the leaf vacuum service will begin October 11 and will end November 21. Mr. Olson reminded residents to put only leaves into windrows, to put leaves in neat rows as close to the gutter line as possible, that operators will be by residents' homes the day after garbage pickup and if for some reason the operators get behind, they will work daily to service the appropriate area on the scheduled day and then return to complete the previous day's route. The service typically begins at 7:00 a.m. and ends at 6:00 p.m. in the residential areas. Some other areas may begin earlier or work overnight. UNFINISHED BUSINESS 13. APPROVE/DENY RESOLUTION NO. 14621 — RESOLUTION APPROVING A CITY COUNCIL "RULE OF PROCEDURE AND BYLAWS" POLICY Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the bylaws have been reviewed over the last two Council meetings and are now in their final form with a Resolution for consideration of approval. Motion by Lofdahl, second by Czmowski, to approve Resolution No. 14621. Motion carried unanimously. NEW BUSINESS 14. APPROVE/DENY FINANCIAL CONTRIBUTION TO HUTCHINSON POLICE DEPARTMENT BODY CAMERA PROGRAM Chief Dan Hatten presented before the Council. Chief Hatten explained that since state statute has been implemented governing body camera data, the police department is ready to move forward with a body camera program. AG Systems, Inc., a local business, has offered apledge to contribute $70,000 to the City and the police department for the purchase of a body camera system. Chief Hatten explained the process that the police department and City Council must follow to implement a body camera program, such as policy development and public input/public hearings. The goal is to have the body camera program in place and in use by Spring 2017. The initial investment of the program is $150,000, with additional maintenance costs as the program continues. Motion by Christensen, second by Czmowski, to approve financial contribution from AG Systems, Inc., of $70,000 for body camera program. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 14616 — RESOLUTION APPROVING THE GENERAL FUND AND DEBT SERVICE FUND PRELIMINARY 2017 TAX LEVIES Matt Jaunich noted that the preliminary levies are before the Council which have not changed since presented at the workshop two weeks ago. The total tax levy is projected to increase 2.7% consisting of a 4% general fund levy increase and no increase to the debt levy. The final levy will be approved in December. Motion by Czmowski, second by Lofdahl, to approve Resolution No. 14616. Motion carried unanimously. CITY COUNCIL MINUTES SEPTEMBER 27, 2016 16. APPROVE/DENY CHANGES TO SNOW EMERGENCY PARKING ORDINANCE John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that Chief Hatten would like to review this ordinance amendment in more detail prior to any formal approval. Mr. Olson noted that staff is requesting to propose a change to allow for parking during the period of midnight and 7:00 a.m. when snow removal operations have been conducted on the street to the extent that streets have been fully plowed curb to curb. Mr. Exner noted that many cities have ordinances in place that do not allow any on -street parking during a snow emergency until streets are plowed from curb to curb so this is not a new concept. Motion by Arndt, second by Czmowski, to table this item to October 11, 2016, to allow for more discussion amongst staff. Motion carried unanimously. 17. APPROVE/DENY CITY PARKING LOT I IMPROVEMENTS (MIDCOUNTRY BANK DRIVE-THRU) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that he received information today from MidCountry Bank representatives that they will not be proceeding with the parking lot improvements for a drive thru until next Spring. Because of this, Mr. Exner is requesting that this item be tabled until staff is certain that MidCountry Bank will proceed with the project. In addition, MidCountry Bank will not be proceeding with their option to purchase this portion of the parking lot at this time. Motion by Arndt, second by Czmowski, to table this item. Motion carried unanimously. 18. APPROVE/DENY AQUATIC CENTER PROJECT CHANGE ORDER Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich reminded the Council of a significant rainfall event that occurred in August that damaged the main pool area that had recently been constructed. The damage occurred due to flooding and is covered by insurance. Therefore, a change order needs to be approved to reconstruct the main pol area. The preliminary insurance settlement amount is $643,499.50. Global Specialty's portion is $553,344.50. The current change order request is for $480,864.36. Two items listed on the change order (winter conditions -heating and protecting and snow handling and removal contingency) have not been included and will be approved if and when the work is deemed necessary to maintain completion dates. Mr. Jaunich again noted that the costs for the change orders will be covered by insurance proceeds minutes the City's $25,000 deductible. Motion by Czmowski, second by Christensen, to approve aquatic center project change order. Motion carried unanimously. 19. APPROVE/DENY SETTING TRUTH -IN -TAXATION HEARING FOR DECEMBER 6, 2016, AT 6:00 P.M. Matt Jaunich noted that a public hearing is required to review the proposed levy/budget for 2017. Mr. Jaunich is proposing to set the hearing for December 6, 2016, at 6:00 p.m. Motion by Czmowski, second by Lofdahl, to set truth in taxation hearing for December 6, 2016, at 6:00 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.) 31 CITY COUNCIL MINUTES SEPTEMBER 27, 2016 20. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Weed Notices Monthly Report for August 2016 (b) City of Hutchinson Financial Report and Investment Report for August 2016 (c) Hutchinson Housing & Redevelopment Authority Board Minutes from August 16, 2016 (d) Library Board Minutes from August 22, 2016 MISCELLANEOUS 21. STAFF UPDATES Kent Exner, City Engineer, provided a project updated. Denver Avenue extension will be beginning shortly. The Golf Course Road water tower project has not begun yet as scheduled, but the contractor is aware of their responsibilities and activity will be starting in the near future. Property owners will be notified of the contractor's working hours once they are established. Mr. Exner also spoke to an editorial that was published in the September 14, 2016, edition of the Hutchinson Leader in reference to the City's Complete Streets policy and sidewalks. Mr. Exner noted that he feels the City is doing the right thing in building sidewalks where they can under conditions that they can, but staff does need flexibility in determining when sidewalks or trails are constructed. 22. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by Arndt, second by Christensen, to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor 7 Matthew Jaunich City Administrator