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06-12-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JUNE 12, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, and Casey Stotts. Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Howard Anderson, Hunter’s Ridge Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Deb Anderson, 1830 West Shore Drive, presented before the Council. Ms. Anderson asked that City ordinance 72.06 be enforced more diligently. This ordinance relates to semi-truck parking (10,000 pounds gross vehicle weight). Ms. Anderson stated that there has been a semi-tractor trailer parked in her neighborhood for months and she feel this is a serious safety issue. City Attorney Marc Sebora noted that he has spoken with the police chief and he will speak to him again to ensure that the ordinance is enforced. MINUTES 5. (a)REGULARMEETING OF MAY 22, 2007 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 17, 2007 2.HUTCHINSON AIRPORT COMMISSION MINUTES FROM MARCH 15, 2007 AND APRIL 19, 2007 3.PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM MARCH 5, 2007, AND APRIL 2, 2007 4.HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MARCH 26, 2007 5.FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2007 6.BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13221 – RESOLUTION IN SUPPORT OF A 2007 SPECIAL LEGISLATIVE SESSION TO CONSIDER THE OMNIBUS TAX BILL 2.RESOLUTION NO. 13222 – RESOLUTION FOR PURCHASE (CUSTOM PLAY STRUCTURE) 3. RESOLUTION NO. 13223 – RESOLUTION SUPPORTING THE EFFORTS OF THE CITY OF GLENCOE IN THEIR ATTEMPT FOR INCLUSION OF THE NPIAS FOR THE EXPANSION OF VERNON PERSCHAU FIELD TO REGIONAL AIRPORT STATUS 4. ORDINANCE NO. 07-0463 – AN ORDINANCE ADDING LANGUAGE TO THE WIND ENERGY CONVERSION SYSTEM (SECOND READING AND ADOPTION) AND APPROVAL TO PUBLISH SUMMARY ORDINANCE CITY COUNCIL MINUTES – JUNE 12, 2007 (c) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE ON SEPTEMBER 15, 2007, FOR HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 3, LETTING NO. 12, PROJECT NO. 06-14 (WASTEWATER ADMINISTRATION BUILDING EXPANSION) (e)CONSIDERATION FOR APPROVAL OF EASEMENTS FOR MONTANA STREET NW EXTENSION PROJECT – LETTING NO. 1A/PROJECT NO. 06-01A (f)CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR JAY MALONE MOTORS IN THE HUTCHINSON MALL PARKING LOT FROM JULY 23 – SEPTEMBER 29, 2007 Items 6(b)1, 6(b)2, 6(b)3 and 6(f) were pulled for separate discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Mayor Cook suggested tabling this item until after the sales tax presentation later in the evening. Motion by Arndt, second by Haugen, to table this item until after the local sales tax presentation. Motion carried unanimously. Item 6(b)2 had further discussion. Mayor Cook asked Dolf Moon, PRCE Director, to speak briefly about the playground that is going to be constructed in the Rolling Meadows development. Mr. Moon stated that approximately $10,000 was set aside in the general fund budget to construct this playground in the area. An organization, Mother Of PreSchoolers (MOPS), approached him and have begun fundraising to increase the funding for the playground structure. MOPS’ goal is to raise $15,000 so that a more enhanced structure can be constructed. Mr. Moon also noted a disc golf course has been created in South Park and a private individual has been seeking donations to enhance the course. Motion by Arndt, second by Stotts, to approve Item 6(b)2. Motion carried unanimously. Item 6(b)3 had further discussion. John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that this Resolution is at the request of the City of Glencoe.Glencoe is applying to be included into NPIAS for their airport, which ultimately allows for more funding. Motion by Stotts, second by Haugen, to approve Item 6(b)3. Motion carried unanimously. Item 6(f) had further discussion. A representative from Jay Malone Motors asked that the license become strd effective July 1 as compared to July 23 as previously requested. Motion by Arndt, second by Stotts, to approve Item 6(f) with the effective date being July 1, 2007. No zoning issues are at hand. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2007 PAVEMENT REHABILITATION PROGRAM - LETTING NO. 5, PROJECT NO. 07-05 (ADOPTING ASSESSMENT ROLL, ACCEPTING BID AND AWARDING CONTRACT) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted the streets that will be included for pavement rehabilitation in this project. The lowest bid came in from William Mueller & Sons with an amount of $319,939.35. The City will be paying for 50% of the pavement rehabilitation and draintile installation costs. The residential street property owners’ assessments are projected to range from $1500- $3600. 2 CITY COUNCIL MINUTES – JUNE 12, 2007 Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Arndt, to approve items for 2007 Pavement Rehabilitation Program. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PROPOSAL OF THE CITY OF HUTCHINSON TO ENLARGE DEVELOPMENT DISTRICT NO. 4 AND ADOPT A MODIFICATION OF THE DEVELOPMENT PROGRAM THEREFORE, ESTABLISH TAX INCREMENT FINANCING DISTRICT NO. 04-15 (AN ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICTTHEREIN, ) AND ADOPT A TAX INCREMENT FINANCING PLAN FOR SAID DISTRICT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA Board has th had the vision to create an EDA spec building. The EDA currently has two lots on 5 Avenue near the Cenex elevator which has been proposed for the spec building. A local private company has stepped forward and offered to pay for 40% of the building with them being housed in that portion of the building and the remainder of the building being rented out as the spec facility. Mr. Seppelt explained that the TIF fund will be used to finance site improvements, parking lots, footings, etc., which totals approximately $200,000. The district would be set up for nine years. The tenant in the spec building will pay a regular rent amount, as well as pay the property taxes. The request is to adopt the TIF plan and modify TIF District No. 4 by adding TIF District No. 04-15. Mr. Seppelt explained that the bond will be developed to allow one year of no payments. If no renter is in the spec building, the EDA will be responsible to cover the costs. th Jack Yates, 20404 205 Court, presented before the Council. Mr. Yates noted that the proposed driveway is currently on the property line. Mr. Seppelt noted that there has been discussion that the driveway will be shared in future development. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Arndt, to approve Modification to the Development Program for Development District No. 4 and the Tax Increment Financing Plan for the establishment of Tax Increment Financing District No. 4-15 (an economic development district) with Development District No. 4. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) DISCUSSION OF FIRST AVENUE SE CLOSURE DURING FARMERS’ MARKET AND OTHER EVENTS – BRYCE GRUNDAHL Bryce Grundahl, 101 Park Place, presented before the Council. Mr. Grundahl noted that he, as a business st Avenue SE, has some concerns about street closure during the owner at the corner of Main Street/1 Farmers’ Market. Mr. Grundahl noted that other business owners in the building also have concerns about street closure. Mr. Grundahl noted that he does not wish for the Farmers’ Market to necessarily move, but to allow for First Avenue to be open during normal business owners. He suggested adjusting the hours of the Farmers’ Market. He voiced other issues that have occurred due to the street closure. Mayor Cook suggested moving the Farmers’ Market to the parking lot behind 101 Park Place instead of st housing it on 1 Avenue SE. He suggested placing it where the proposed pavilion intends to be. Staff indicated that they will take measures to address this issue in the very near future. (b) PRESENTATION BY LOCAL SALES TAX REVIEW COMMITTEE Jack Yates, Local Sales Tax Review Committee, presented before the Council. Mr. Yates provided a presentation of the work that has been done by the Local Sales Tax Review Committee. Their work included studying other cities that have a local option sales tax and the projects they have used the funds for. The Committee realized that, using the Dept of Revenue’s numbers from 2003-2005, approximately $1.3 – 3 CITY COUNCIL MINUTES – JUNE 12, 2007 1.5 million/year could be generated. The recommendation of the committee is that a local option sales tax would be an excellent funding mechanism for the city. Mayor Cook then revisited Item 6(b)1. It was noted that a moratorium on local option sales taxes until December 31, 2010, was part of the Omnibus Tax Bill that was vetoed by the governor. Also included in the Omnibus Tax Bill was new funding for local government aid. However, since the bill was vetoed, many cities will actually see a reduction in LGA and Hutchinson will see a reduction of about $207,000. Mayor Cook noted that if a special session takes place, the LGA funding will probably be restored, but we risk the possibility of the local sales tax moratorium. Motion by Stotts, second by Haugen, to approve Item 6(b)1. Motion carried unanimously. (c) DISCUSSION OF CITY-WIDE LIGHT TRAFFIC PLAN DEVELOPMENT John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that over the last 10 years, several miles of sidewalk/trail have been added, upgraded or improved. There is a network of 53 miles of sidewalk/trail within the city. Improvements have also been made to streetscape and decorative sidewalks. City staff is recommending that the Resource Allocation Committee review a draft light traffic plan to address issues related to long-term maintenance, funding improvements and maintenance, projects providing logical links and winter maintenance. Once a plan has been developed, the Resource Allocation Committee will present it to the City Council. (d) REVIEW OF SEH GENERAL ENGINEERING/PUBLIC WORKS SUPPORT SERVICES Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that earlier this year, the Council approved hiring SEH Engineering for a minimum amount of hours. Approximately 10 hours have been used over the last four months. Most of the issues have been dealt with by John Rodeberg and have been item-specific. Mr. Exner explained that a report will be provided to the Council every three to four months. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF UNIFORM DATE FOR EMPLOYEE PERFORMANCE INCREASE IMPLEMENTATION FOR 2008 AND CONSIDERATION OF AMENDMENT TO CITY POLICY NO. 3.08 Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing noted that employees currently have performance appraisals on or about their anniversary date. Staff is suggesting moving performance appraisals to a uniform date by having performance appraisals completed by the end of the first quarter for all employees. This will allow the goals of the department and all employees within the department to be better coordinated and coincide with the current budget/calendar year. By moving the performance appraisal dates to a uniform date, it is perceived that it will be more efficient administratively as well. One byproduct of this transition is that those employees with anniversary dates in the first quarter of 2008 could experience a loss in compensation due to the new implementation date. Mayor Cook was concerned that some employees with later anniversary dates would essentially receive extra pay while some with earlier anniversary dates would see a loss. He suggested that staff look at other ways to address those concerns. Mayor Cook also noted that at the time of the adoption of the 2007 budget, it was noted that the performance pay plan would be reviewed as part of the adoption of the 2008 budget. Because this item relates to the pay plan, he suggested tabling it until the pay plan can be reviewed for possible modification and both be done together.. Motion by Stotts, second by Cook, to table this item to allow for review of the 2008 pay plan. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF RESOLUTION FINDING BUILDINGS STRUCTURALLY SUBSTANDARD (CENEX PROJECT) AND THEREFORE QUALIFY FOR DESIGNATION AS A 4 CITY COUNCIL MINUTES – JUNE 12, 2007 REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT Miles Seppelt, EDA Director, presented before the Council and noted that the EDA Board is hoping to rd acquire the property where the Cenex fertilizer plant is located currently on 3 Avenue NW. The building inspector and other authorities have noted that the current structures are substandard. This designation would allow for redevelopment reimbursements at a later date if the site is designated as a redevelopment tax increment financing district. Mayor Cook noted that he feels the establishment of a TIF district should be utilized as a last resort and the property should have a chance to be marketed to private developers. Mayor Cook recommended allowing the EDA to make the substandard designation instead of the City Council in this particular instance. Motion by Arndt, second by Haugen, to refer this item to the EDA for consideration of such designation. Motion carried unanimously. MISCELLANEOUS 11. (a)COMMUNICATIONS th Marc Sebora – City Attorney Sebora noted that NAPA, located on 4 Avenue, is holding a monster truck demonstration this Friday and is requesting use of city property for the demonstration. Insurance and other issues have been addressed. Motion by Haugen, second by Arndt, to approve the use of the bass pond area near NAPA to demonstrate a monster truck. Motion carried unanimously. Bill Arndt – Council Member Arndt asked for support of the Luce Line Trail. A Resolution will be forwarded to the legislature in the near future. Marc Sebora, City Attorney, will draft a Resolution for the Council’s consideration within the new few weeks. Council Member Stotts noted that work is also being done to allow ATVs on the trail as well. Gary Plotz – Mr. Plotz updated the Council on the hospital privatization project. He noted that there are some revisions being made to the documents. When those are agreed upon, the topic will be brought forward to the Council for consideration. The earliest that it will be considered is July 10, 2007. Kent Exner – Mr. Exner noted that last week he and other representatives of the Hwy 15 Corridor group met in Washington D.C. at the transportation fly-in. The hope is that the Coalition will be receiving $1million in federal funding. Mr. Exner also updated the Council on the Hwy 7 project and the Crow River Dam Reconstruction project. Mayor Cook – Mayor Cook asked if the Council wishes to have a workshop to discuss the budget with the risk of the city losing $200,000 in local government aid. Mayor Cook also requested that the city attorney make a presentation to the Council at the next meeting in regard to the proposed orderly annexation agreement since there are potential issues with the current proposal. Motion by Stotts, second by Arndt, to set June 26, 2007, at 4:00 p.m. to discuss budget parameters. Motion carried unanimously. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Haugen, second by Cook, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Stotts, second by Arndt, to adjourn at 7:40 p.m. Motion carried unanimously. 5