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03-12-2019 CCMHUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MARCH 12, 2019 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 Steve Cook, Chad Czmowski, Dave Sebesta, 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, asked to remove item 14 as it did not get posted correctly. Item 14 will be put on the next agenda. Motion by Czmowski, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Hope Family Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staffi 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Mayor Gary Forcier commends those adopting a catch basin and/or fire hydrants throughout the City and removing snow around them. PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. If you have a question, concern or comment, please ask to e 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 ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of February 26, 2019 (b) Council Workshop of February 26, 2019 (c) Joint Meeting with County Commissioners of February 28, 2019 Motion by Cook, second by Sebesta, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedjor 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.) CITY COUNCIL MINUTES March 12, 2019 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Relay for Life Event Being Held August 2 & 3, 2019 (b) Consideration for Approval of Resolution No. 15019 - Resolution Authorizing No Parking Restrictions on 5th Avenue South (c) Consideration for Approval of Liquor Hutch Loyalty Program (d) Consideration for Approval of Short -Term Gambling License for Hutchinson Rotary Foundation on April 26, 2019, at Crow River Golf Club (e) Claims, Appropriations and Contract Payments Motion by Christensen, second by Cook, to approve consent agenda with the exception of Item 7(c). Motion carried unanimously. Item 7(c) had further discussion. Council Member Christensen asked Candace Woods, Liquor Store Manager, about a current discount program and if it will remain in place with the new loyalty program. Ms. Woods presented before the Council. With approval of the Council, there will be a new loyalty program at Hutch Liquor Store. This change is partly due to staying competitive with the metro area. Customers will receive one point for every $1 spent in the store. Once 500 points are reached the customer will receive a $20.00 bonus. All other discounts and programs will remain in place and the points will be awarded on the total price after discounts applied. Gathering customer information can help tell where Liquor Hutch business is coming from. Data collected will be used only at Liquor Hutch for marketing. Motion by Cook, second by Christensen, to approve Item 7(c). Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. CONSIDERATION OF FIRST READING OF ORDINANCE NO. 19-796 — ORDINANCE TO REVISE CHAPTER 90 — RIGHT OF WAY MANAGEMENT John Paulson, Regulatory Specialist, presented before the Council. This change comes from the FCC and carriers in regards to state statutes. The changes are pinpointing different requirements the City's ordinance must have. Mr. Paulson noted the City is trying to get ahead of clear and specific details regarding aesthetic requirements. One of those changes includes a revision to the height requirements of Wireless Support Structures and Wireless Facilities constructed in the right-of-way. The Wireless Facility may not extend more than ten (10) feet above the support structure and the total combined height may not exceed fifty (50) ft. Residential areas will be more restrictive. Council Member Cook stated that it seemed as if they are reducing the maximum of the combined units and then the language states they should not be closer than 50 feet to each other or private building structures outside of the right of way. He questioned whether or not that limits a lot where they go or the range of service. He asked if they are still able to provide service with those limitations. Mr. Paulson replied that the most common deployments of these systems will be at densely used areas. Two that are being proposed currently are in commercial areas which is common. They are being proposed more than 50 feet from each other but where it gets tricky is with 2 CITY COUNCIL MINUTES March 12, 2019 light poles, utility poles, or street lights. The hard part is trying not to get overly restrictive. The City is trying to be as accommodating as possible while also following state statutes. City Engineer Kent Exner noted that in respect to the fall distance parameter, this is accommodating to them that we are only using one times the maximum height while others use 1.5 times the maximum height. The City is being required to make these changes while still being accommodating and Mr. Exner stated that he believes this is a good middle ground. Council Member Cook noted that there is a low noise profile for the fans on these types of things and that the City does have a noise ordinance. Motion by Cook, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Cook, to approve first reading of Ordinance No. 19-796. Motion carried unanimously. COMMUNICATIONS REQUESTS AND PETITIONS (Thep urpose o this portion oJ the agenda is to provi e the ounci with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 9. PARKS/RECREATION/COMMUNITY EDUCATION 2018 YEAR END REPORT Dolf Moon, PRCE Director, presented before the Council. Moon provided a summary of their year- end report. Community Education put together 293 programs, out of those programs 261 of those programs were held so 89% of those activities were supported by the community. They also processed 556 building and outdoor facility use permits which allows them to project the attendance at those events, which affected 308,00 participants that used the school's through community ed pro ramming last year. Event center scheduled more than 2,000 programs and activities, 16,000 semors/participants overall in those programs/activities. 1,351 youth signed up for 8 different sports in the recreational program. The department had 39 tournaments that encompassed 17 weekends with those tournaments involving 413 teams. The community is bustling on those weekends and restaurants call to see when the tournaments take place to prepare for large crowds. Last year over 48,000 people stopped at the aquatic center. Ice arena sold 2,180 hours of ice time and 210 hours of turf rentals. Parks department had 440 shelters reserved and 2278 campsites reserved. Parks and Rec master plan is in the works, the City and Community have really been involved. Looking to wrap that up mid-2019 and will have a document that will serve the community well into the future. Dolf Moon would like to thank the many participants, associations and partners that helped generate over 1.3 million dollars in fees. Those fees represent about 49% of their operating costs so without the community support their program would be much less than it is. Council Member Christensen noted that their department is very busy and thanks them for all of their work. The City's parks and facilities are beautiful. Council Member Cook noted that the department is utilizing their Point of Sales or POS Systems and can track where their customers and partici ants are coming from. Mayor Forcier noted that he talked to a family that was at the aquatic center from St. Peter so we are pulling them in from many different places. 10. REVIEW OF FORESTRY OPERATIONS REPORT John Olson Public Works Manager, presented before the Council. Mr. Olson congratulated Donovan Schuette who is now a Board Certified Master Arborist. John Olson gave an overview of Forestry Operations and the goals of urban forest maintenance. These are always very supported by the community and the department is thankful they are supported. The City's tree inventory is almost one tree per resident. The department is really trying to diversify the tree inventory with only one type of tree over the 10% mark. Dutch Elm Disease, Bur Oak Blight, Stem girdling, and Emerald Ash Borer are still issues within the city. Mayor Forcier noted that if a resident buys a tree, they can contact the arborist for advice on planting. Donovan Schuette explained the department is planning on coming up with documents for FAQ's and guides and videos showing how they plant trees so citizens can plant their own correctly. Mr. Olson said they purchased 332 trees at an average of $94 per tree. They anticipate to plant fewer trees in 2019. Council Member Cook asked if Olson's tree numbers included those in new developments, Olson and Exner confirmed those were for single family homes and not commercial properties. Cook then asked why the 2019 Energy tree program is CITY COUNCIL MINUTES March 12, 2019 expected to drop-off since it is pretty popular. Olson said they are hoping to do more than what is proposed but financially they need to figure out how all of this is going to work. 1202 hours were spent pruning. Council Member Cook asked if Mr. Schuette had seasonal helpers prune mostly but Schuette said if there's a cut being made he will be there. Six ponds were maintained in 2018. Council Member Cook noted that the maintenance is pretty extensive and asked what the goal of doing that is. Olson responded by saying that they're trying to get non -woody growth, or grass, to grow for operation and long-term sustainability, then using herbicides to help maintain the pond. Exner commented that landscape architects did not deliver as expected and it introduced wood vegetation where it shouldn't have been. This brings on issues of clogged drains/pipes and garage. City removed 131 trees which is a .97% mortality rate which is healthy. We had one storm that caused major damage to trees. The City of Litchfield came to help clean up and it was very much appreciated. Council Member Cook noted that if a citizen notices a tree that needs to be pruned or if the tree is blocking a sign to use the website and submit a complaint. The 2019 work plan includes tree pruning, surveying, determining cost-effective replacement trees, establishing 800-meter grid, public education efforts, and review removal/replacement costs. Council Member Cook noted that he believes how-to videos would be very helpful to the public. 11. REVIEW AND DISCUSSION OF 2018 FUND BALANCE REPORT City Administrator Matt Jaunich presented to the Council. As part of the City's financial management plan, the City agreed to address with the Council the general fund balance once per year. Staff wanted to highlight the surplus of $529,382 which is really good. If the surplus was left in the balance, the City would be sitting at 55.2% which is considered healthy. The Council has the options of leaving the surplus in the general fund balance or transfer the funds. Council Member Cook noted that last year the Council transferred $500,000 to the general fund balance to bulk it up a little bit. He noted it might be worth leaving it in there to have flexibility. Mr. Jaunich stated that the great part of leaving surplus in the general fund balance is to have the flexibility to use it for whatever needs occur. Mr. Jaunich asked Andy Reid, Finance Director, the percentage the City really needs to make it through the six months that we have no tax settlements. Reid responded with saying 40% would be sufficient to make it through that time. Jaunich noted that there is nothing wrong with keeping it where it is, but now would be the time to transfer it to back date it to 2018. Czmowski, Christensen, Cook expressed that they would like to keep the money where it is at. 12. DISCUSSION OF AMENDING SECTION 93.18 OF THE HUTCHINSON CITY CODE PERTAINING TO ANIMALS RUNNING AT LARGE Matt Jaunich, City Administrator, presented before the Council. This itemwas brought up in January by Mayor Forcier about reviewing the City's leash laws regarding language that would allow electronic monitoring of animals and as a different option to a leash. One city was found that had that language regarding electronic collars. Data was also pulled from other regional centers around us, but none contained the language with electronic collars. Marc Sebora, City Attorney, noted that Chief Hatten had concerns about when that animal was under control. Mayor Forcier explained that this comes down to common sense and how one maintains control of the dog. From his own experience, Mayor Forcier noted that people stop and clean up after their dog but he understands that others don't. Council Member Sebesta noted that there are a lot of dogs running loose. Council Member Christensen noted that she understands that everything Chief Hatten commented about for concerns is the truth and that a few will ruin it for the majority. She agreed that it is difficult for the police to enforce because they nor the public knows that if a dog has an electronic collar on. She looks at what the ordinance is now and abides by what Chief Hatten said that it will be difficult to enforce. Council Member Czmowski noted that the Chief made some good points and people could be concerned if they saw a loose animal. He has had bad experience with his neighbor's dog that has been on an electronic collar and he would like to side with the Chief. Council Member Cook feels the same way and has the same concerns. Mayor Forcier said it really comes down to the owner taking care of their dog and being responsible for it. Council Member Sebesta commented that those that do take care of their dogs and keep them controlled deserve acknowledgement. The consensus was to leave the ordinance as is. I CITY COUNCIL MINUTES March 12, 2019 UNFINISHED BUSINESS 13. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 19-795 - ORDINANCE TO REZONE PROPERTY AT 1015 DALE STREET SW FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-4 (HIGH DENSITY RESIDENTIAL) City Administrator Matt Jaunich explained there has not been any changes since he presented the first reading at the last City Council meeting. Motion by Czmowski, second by Sebesta, to approve second reading and adoption of Ordinance No. 19-795. Motion carried unanimously. 0TOWTOTIN 15. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 19-797 — AN ORDINANCE REPEALING SECTIONS 31.26 AND 31.31 OF THE HUTCHINSON CITY CODE PERTAINING TO THE CREEKSIDE ADVISORY BOARD AND THE TREE BOARD City Administrator Matt Jaunich explained that the Council approved the first reading at the last City Council meeting. The Sustainability Board will replace the functions of the Tree Board and Creekside Advisory Board. Motion by Christensen, second by Cook, to approve second reading and adoption of Ordinance No. 19-797. Motion carried unanimously. NEW BUSINESS 16. APPROVE/DENY CROW RIVER SNO PROS EVENT ON AUGUST 9 —11, 2019 Police Chief Dan Hatten presented before the Council. Chief Hatten noted that the request from the Sno Pros is to use the park and the stage with the Council's review of the park usage. Chief Hatten believes they've done a good job of addressing concerns the Council had with the park and how the Council wanted it operated. There are no concerns with this request from law enforcement and they are excited to see this event be successful. Chet Kiekhafer, 316 Connecticut Street NW, presented before the Council. Mr. Kiekhafter is the treasurer for the Sno Pros. He noted that they reserved everything as soon as they could. The club wants to show appreciation for their members by having a camp out. The event will run on Friday night, all day Saturday, and Sunday. Food will be catered in on Friday and Saturday. A band will be there on Saturday night with hopes the music could go until 1 1pm with Council approval. The community is welcome to attend. City Administrator Matt Jaunich noted that the previous ordinance that the Council approved included that the entire facility be rented out as a stipulation for amplified music, which is what the club is doing. The new ordinance simply requires approval CITY COUNCIL MINUTES March 12, 2019 from the Council. Mayor Gary Forcier asked how far their membership reaches out. Mr. Kiekhafer replied that they have people from Stewart, Jordan, Glencoe, and Hutchinson. He noted that some people come because the trails here are better than they have. The club has roughly 45 members. He also noted that they will not be providing or selling alcohol during the weekend. Motion by Cook, second by Czmowksi, to approve Crow River Sno Pros event on August 9-11, 2019, and to waiver the time for amplified noise to 1 1pm. Motion carried unanimously. 17. APPROVE/DENY FIRST READING OF ORDINANCE NO. 19-798 - ORDINANCE REGULATING SMOKING IN CITY PARKS Matt Jaunich, City Administrator, presented before the Council. After the adoption at the last Council meeting of the new parks ordinance, it was noted that an ordinance should be considered to restrict smoking in/around parks. This proposed ordinance would prohibit smoking or using tobacco products, including e-cigarettes, within 25 feet of any city playground or within the confines of Tartan Park or any ballfield/park or within 25 feet of any walkway, spectator area, or entrance. Council Member Cook thought that after their first discussion of making all parks tobacco free, he was looking at a compromise. With a high density of youth in the parks areas, he feels it would be good to have some restrictions in place related to smoking/tobacco products. Motion by Czmowski, second by Christensen, to approve first reading of Ordinance No. 19-798. Motion carried unanimously. GOVERNANCE (The purpose o t is 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.) 18. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS a) Motor Vehicle Department 2018 Recap �b) 2018 Preliminary Financial Results and Local Sales Tax Update c) Hutchinson Public Library Board Minutes from January 14, 2019 �d) Economic Development Authority Board Minutes from January 23, 2019 e) Hutchinson Utilities Commission Minutes from January 30, 2019 MISCELLANEOUS 19. STAFF UPDATES Matt Jaunich sent out a notice to the Council about a town hall meeting regarding property taxes on Friday March 22, 2019, at 10:00 am. He also noted that staff did send the request off regarding bonding to get the work out about the River basin to hopefully get some funding. 20. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen inquired about street flooding. Kent Exner noted that if you are in an area that is flooding to call the street department. Mr. Jaunich said they will get it but it could take a little bit as they are doing their best to get around everywhere. The public can use google maps to find the storm drain online. Public Works are out marking storm drains/catch basins with spray paint. m CITY COUNCIL MINUTES March 12, 2019 Council Member Cook said with the rains and the melt to make sure you have sewer backup insurance and flood insurance. Mayor Forcier would like to say congratulations to all the winter sports on a good season and to think spring! ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 7:20pm. Motion carried unanimously. 7