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07-10-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JULY 10, 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. Adam Krumrie, Shalom Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF JUNE 26, 2007 (b) BID OPENING MINUTES OF JUNE 28, 2007 (FARMERS’ MARKET PAVILION) Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2007 2.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 15, 2007 3.HUTCHINSON AIRPORT COMMISSION MINUTES FROM MAY 17, 2007 4.PLANNING COMMISSION MINUTES FROM JUNE 19, 2007 5.BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13232 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 13233 – RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 3. RESOLUTION NO. 13234 – RESOLUTION AUTHORIZING MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH MN/DOT AERONATUCIS TO RECEIVE FEDERAL GRANT 4. ORDINANCE NO. 07-0464 – AMENDMENTS TO AN ORDINANCE ESTABLISHING THE PUBLIC ARTS COMMISSION (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 07-0465 - ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES – JULY 10, 2007 (c) CONSIDERATION FOR APPROVAL OF SITE PLAN FOR CUSTOMER ELATION CALL CENTER ON TH 5 AVENUE SE (APPROVE RESOLUTION NO. 13236) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION AT THE MCLEOD COUNTY FAIRGROUNDS AUGUST 15 – 19, 2007 (e)CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 8 & 9, 2007 (FALL FESTIVAL) (f)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 9, 2007 (FALL FESTIVAL) (g)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1 – LETTING NO. 1, PROJECT NO. 06-01 (TH 7/15/22 RECONSTRUCTION) (h)CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR 2007 NEIGHBORHOOD MAINTENANCE MILLING AND BITUMINOUS PATCHING PROJECT (i)CONSIDERATION FOR APPROVAL OF STATE OF MINNESOTA GRANT AGREEMENT FOR THE HUTCHINSON DAM REPLACEMENT PROJECT (j)CONSIDERATION FOR APPROVAL OF REJECTING ALL BIDS FOR FARMERS’ MARKET PAVILION PROJECT (k)CONSIDERATION FOR APPROVAL OF IMPOSING FEE FOR AUTOMATED PAWN SYSTEM TRANSACTIONS (l)CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR PETER BAZIL AT 7-HI BUDGET MOTEL Items 6(i), 6(j) and 6(k) were pulled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(i) had further discussion. Mayor Cook noted that he has concerns about entering into this agreement with the expiration date being November 30, 2008, when the bids have not even been opened yet. Motion by Haugen, second by Arndt, to table this item to July 24, 2007, to allow time to receive and open the bids. Motion carried unanimously. Item 6(j) had further discussion. Mayor Cook noted that the bids came in much higher than estimated. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted that the EDA had estimated that the project would run around $175,000. The lowest base bid came in at $242,000. Because of the high bids, the EDA is shelving the project and is requesting the Council to reject all bids. The EDA will research various locations to move the Farmers’ Market to. Motion by Cook, second by Arndt, to reject all bids related to the Farmers’ Market Pavilion. Motion carried unanimously. Item 6(k) had further discussion. Dan Hatten, Police Chief, presented before the Council. Chief Hatten noted that last year the Council approved a pawn shop ordinance which included a $1.50 transaction fee. This action item is to include the transaction fee on the City’s fee schedule. Motion by Stotts, second by Haugen, to approve item 6(k). Motion carried unanimously. 2 CITY COUNCIL MINUTES – JULY 10, 2007 Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted that a couple of meetings ago the Council acted on adopting a modification of TIF District No. 4 and establishing TIF District No. 04- 15. Mr. Seppelt has been notified that this action must be taken via adoption of a resolution. Motion by Stotts, second by Cook, to adopt the resolution modifying TIF District No. 4 and establishing TIF District No. 04-15. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO LITTLE CROW BOWLING LANES, DBA HUTCH BOWL, LOCATED AT 1150 HWY 7 WEST Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve on-sale intoxicating and Sunday liquor license to Little Crow Bowling Lanes at 1150 Hwy 7 West. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO.07-0466 – A SELF-PERPETUATING ORDINANCE ADOPTING BY REFERENCE THE MINNESOTA STATE BUILDING CODE Rebecca Bowers, PZB Director, presented before the Council. Ms. Bowers explained that a new state building code has been adopted. The ordinance for consideration would allow the City to enforce the most current version of the state building code. This is different from the City adopting the state building code by ordinance each time a new building code is adopted by the state. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to waive first reading and set second reading and adoption of ordinance no. 07-0466 for July 24, 2007. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) FORESTRY UPDATE BY MARK SCHNOBRICH, CITY FORESTER Mark Schnobrich, City Forester, presented before the Council. Mr. Schnobrich reviewed the 2007 projects which include the HUC energy tree planting, boulevard tree planting in new developments, boulevard tree replacement plantings, diseased elm tree removal and provided an invasive pest update. General discussion was held regarding diseased elm tree and the watering of trees. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)CONSIDERATION OF REQUEST BY ACOMA TOWNSHIP TO PURCHASE SURPLUS EQUIPMENT John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that he has been approached by Acoma Township officials with a request to purchase a surplus plow truck from the city. The appraised value of the truck was estimated at $4800-$5000. Mr. Olson requested that the Council approve the sale of the plow truck at the price of $4800. 3 CITY COUNCIL MINUTES – JULY 10, 2007 Motion by Arndt, second by Haugen, to approve selling the surplus plow truck to Acoma Township. Motion carried unanimously. John Olson provided a brief mosquito-spraying update. (b) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR THE SCHOOL ROAD PEDESTRIAN UNDERPASS CONSTRUCTION (LETTING NO. 1, PROJECT NO. 07-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this is for work on each end of the structure which includes trunk and lateral storm sewer, grading, aggregate base, bituminous paving, landscaping, restoration, lighting, retaining walls, ornamental railing and appurtenances. The low bid came in at $458,237.01 by R&R Excavating. City Excess Bond Funds in the amount of $264,559.52 ($250,000 which was previously approved) and State Aid funds in the amount of $576,920.611 will be utilized. For the years 2008-2009, the project will be cash flowed internally until the Federal aid funding in the approximate amount of $296,000 is received. Motion by Arndt, second by Haugen, to approve awarding bid to R&R Excavating for construction of School Road pedestrian underpass project. Mayor Cook noted that the Resource Allocation Committee has suggested that staff research the feasibility of a bike lane being striped from Rolling Oaks Lane to Golf Course Road. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING LIQUOR LICENSE VIOLATION HEARINGS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that earlier this year, five establishments within the City of Hutchinson failed a liquor license compliance check. These establishments were American Legion, Victorian Inn, Pizza Hut, Applebee’s, and Lamplighter. Mr. Sebora noted that he has spoken with the American Legion’s attorney who has agreed to the sanctions of a three day suspension of their liquor license as well as pay an administrative penalty of $750. In addition, the American Legion has implemented several measures to assure better compliance related to the sale of minors. The Victorian Inn was under different ownership at the time of the alleged violation, therefore no sanctions will be imposed upon the new owner. The remaining establishments have requested hearings be conducted. Motion by Stotts, second by Arndt, to accept the sanctions imposed on the American Legion as indicated above. Motion carried unanimously. Motion by Stotts, second by Arndt, to set liquor license violation hearings for July 31, 2007, at 4:00 p.m. at the City Center for Pizza Hut, Applebee’s and Lamplighter. Motion carried unanimously. (d) DISCUSSION ON POLICY GOVERNANCE Mayor Cook explained what policy governance is, which is a comprehensive set of integrated principles that, when consistently applied, allows governing boards to realize owner-accountable organizations. It is not a specific board structure, it is not a set of individual “best practices” or tips for piecemeal improvement, it does not dictate what a board should do or say about group dynamics and it does not limit human interaction or stifle collective or individual thinking. The mayor asked if the Council is interested in moving forward with developing a policy governance document. If so, he would invite board representatives from other entities to sit in on future sessions. Tom Thelen, LMC, presented before the Council. Mr. Thelen happened to be in attendance at the first policy governance workshop that was put on in Hutchinson. He commended the Council on looking at a new way of doing things. Mayor Cook will put together another presentation for council members to attend. MISCELLANEOUS 11. (a)COMMUNICATIONS 4 CITY COUNCIL MINUTES – JULY 10, 2007 Gary Plotz – Mr. Plotz noted that the finance director has requested a Council workshop to review the debt study completed by Ehlers & Associates and to review other debt services issues. Motion by Stotts, second by Haugen, to set Council workshop for August 14, 2007, at 4:00 p.m. Motion carried unanimously. Mr. Plotz also noted that some items were not covered at today’s workshop concerning the compost facility. He requested setting a ½ hour session to further review these items. Motion by Cook, second by Stotts, to set continuation of compost facility workshop for July 31, 2007, at 5:30 p.m. Motion carried unanimously. Mayor Cook – Mayor Cook suggested implementing cost accounting as part of the general fund budgeting of the city for 2008. Mayor Cook noted that cost accounting accounts better for where tax dollars are going and where efficiencies could be improved. Staff will establish a list of areas that could be considered for cost accounting and bring back a report to the council identifying how much staff time will be involved. The Council can than decide if they wish to move forward with implementation. General discussion was held regarding water usage and quantity available. Mayor Cook suggested looking at what the impact would be if specific usage timeframes were implemented. Kent Exner suggested encouraging good watering habits to the users. Mayor Cook asked staff to provide a list of potential projects to be used with local sales tax funds and provide a report at the next City Council meeting. Mayor Cook also noted that a meeting is trying to be scheduled amongst mayors throughout the state to discuss the impact of the vetoed tax bill. Mayor Cook noted that it had been suggested that the city research whether or not the physicians would be interested in buying Hutchinson Area Health Care from the city. Mayor Cook noted that awhile back the physicians had voiced that they were not interested in buying the hospital. In addition, a lease agreement and other governing documents have been drafted and are ready for final consideration. Motion by Arndt, second by Cook, to move forward with privatization as currently posed. Motion carried unanimously. Motion by Arndt, second by Cook, to set Council workshop for July 31, 2007, at 6:15 p.m. to review the privatization documents with Paul Torgerson, special counsel, subject to his availability, with a back-up time for August 14, 2007, at 4:00 p.m. The workshop previously scheduled for August 14, 2007, on debt service may need to be moved. Motion carried unanimously. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Stotts, second by Arndt, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 7:20 p.m. Motion carried unanimously. 5