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10-23-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 23, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Member present were Bill Arndt, Kay Peterson and Casey Stotts. Member absent was Jim Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Pastor Wayne Morrison, Seventh Day Adventist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF OCTOBER 9, 2007 Motion by Arndt, second by Peterson, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES OF AUGUST 6, 2007 2.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 17, 2007 3.PLANNING COMMISSION MINUTES OF SEPTEMBER 18, 2007 4.CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2007 5.CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13283 – RESOLUTION CERTIFYING SPECIAL ASSESSMENTS 2. RESOLUTION NO. 13284 – RESOLUTION DEFERRING ASSESSMENTS FOR HARDSHIP FOR SENIOR CITIZEN OR DISABLED PERSON 3. RESOLUTION NO. 13285 – RESOLUTION TO SET INTEREST RATE FOR 2007 BONDING 4. RESOLUTION NO. 13286 – RESOLUTION FOR PURCHASE (CRUSHING CONCRETE & BLACKTOP, BIODIESEL, UNLEADED GASOLINE) 5. ORDINANCE NO. 07-0479 – AN ORDINANCE EXTENDING INTERIM ORDINANCE FOR HWY 7 CORRIDOR STUDY MORATORIUM (SECOND READING AND ADOPTION) (c)PLANNING COMMISSION ITEMS 1.VACATION OF DRAINAGE AND UTILITY EASEMENTS IN BLOCK 2, GOEBEL’S ADDITION CITY COUNCIL MINUTES – OCTOBER 23, 2007 TH BETWEEN LOTS 4 AND 5 (1020 AND 1030 – 5 AVENUE SE) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0480 FOR NOVEMBER 13, 2007) 2. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOT 2, BLOCK 2, HUTCHINSON TH FIFTH AVENUE INDISTRIAL PARK (1150 – 5 AVENUE SE) REQUESTED BY HUTCHINSON EDA WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0481 FOR NOVEMBER 13, 2007) (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 8 – LETTING NO. 2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) - CHANGE ORDER NO. 1 – LETTING NO. 2, PROJECT NO. 07-02 (DAM REPLACEMENT) (e)CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL NO. 5079B (f)CONSIDERATION FOR APPROVAL OF WATER/WASTEWATER OFFICE SPECIALIST CLASSIFICATION CHANGE TO FULL-TIME POSITION (g)CONSIDERATION FOR APPROVAL OF WASTEWATER DEPARTMENT JOINING MINNESOTA ENVIRONMENTAL SCIENCE AND ECONOMIC REVIEW BOARD (h)CONSIDERATION FOR APPROVAL OF CURRENCY EXCHANGE LICENSE RENEWAL FOR WALMART (i)CONSIDERATION FOR APPROVAL OF PURCHASING OMNICELL AUTOMATED PHARMACY DISPENSING MACHINE AND REMOTE MONITORING SYSTEM AS REQUESTED BY HUTCHINSON AREA HEALTH CARE (j)CONSIDERATION FOR APPROVAL OF SETTING NOVEMBER 1, 2007, AT 6:00 P.M. AS AN OPEN MEETING FOR THE HIGHWAY 7 CORRIDOR STUDY OPEN HOUSE AT HUTCHINSON EVENT CENTER Items 6(d), 6(f), 6(g), and 6(j) were pulled. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(d) was discussed further. Council Member Arndt asked for more clarification on the change order related to the dam reconstruction project. Kent Exner, City Engineer, noted that it was determined that it is in the best interest to purchase boulders from the contractor as opposed to taking rock from other areas throughout the city. Other changes relate to aggregate. Motion by Arndt, second by Stotts, to approve Item 6(d). Motion carried unanimously. Item 6(f) had further discussion. Gary Plotz, City Administrator, noted that the current position is part-time with it budgeted for up to 30 hours per week. Mr. Plotz noted that the proposal to change the position to full-time relates to additional support for the water treatment plant. Motion by Cook, second by Arndt, to approve Item 6(f). Motion carried unanimously. Item 6(g) had further discussion. Kent Exner, City Engineer, noted that the Minnesota Environmental Science and Economic Review Board has been a long-time organization that looks for protecting cities’ environments. The Board works to ensure that the regulations affecting wastewater treatment are reasonable and based on sound scientific research. The Board also provides regularly scheduled training sessions and educational opportunities. The cost for membership is $.75 per sewer connection, which would be approximately $4800. 2 CITY COUNCIL MINUTES – OCTOBER 23, 2007 Motion by Cook, second by Peterson, to approve Item 6(g). Motion carried unanimously. Item 6(j) had further discussion. Mayor Cook asked if the open house could be rescheduled due to other events being held this same evening. Bonnie Baumetz, Planning Coordinator, noted that the date of the open house was hard to pinpoint and there are very few other options, if any. Motion by Peterson, second by Stotts, to set November 1, 2007, at 6:00 p.m. as an open meeting for the Hwy 7 Corridor Study open house. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) DISCUSSION OF COORDINATION OF IMPROVEMENT EFFORTS AT GOPHER CAMPFIRE SANCTUARY Kent Exner, City Engineer, presented before the Council. Mr. Exner informed the Council that city staff and representatives of Gopher Campfire have met to identify and plan for needs of the site along the river near Les Kouba Parkway. Some activities include site surveying, pond pumping, rock/fill accumulation and design activities. The DNR has developed a preliminary ponding/water level plan for the area. Mr. Exner requested of the Council to what level the city wants to continue with aiding with the improvements. Mr. Exner noted that the city’s portion to fund the improvements could range from $10,000 - $15,000. He requested that the Council determine the amount they are willing to spend on the improvements and the fund from which the improvements should be paid from. Motion by Stotts, second by Peterson, to fund the project 50% from the public sites fund or the stormwater utility. Motion carried unanimously. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF 2007-2008 INSURANCE RENEWAL AND UPDATE BY A.J. GALLAGHER AND ASSOCIATES Ken Merrill, Finance Director, presented before the Council. Ann Stanton and John Hall from A.J. Gallagher were introduced. Ms. Stanton reviewed the renewal policy for 2007-2008. The overall premiums increased approximately 2.3% from last year’s premiums. Property premiums and values increased from 2006 to 2007 and the property rates increased 10%. Clarification and discussion was held regarding airport liability. Mayor Cook suggested researching how other small airports address airport liability issues. Ms. Stanton noted that tort cap limits will be statutorily increased in 2008. Mayor Cook also clarified that the Council and all boards & commissions are covered under the open meeting law defense. Motion by Cook, second by Peterson, to approve insurance renewal with A.J. Gallagher. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF WATER EMERGENCY AND CONSERVATION PLAN Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a Water Emergency and Conservation Plan is mandated by the Department of Natural Resources. The plan covers the water supply system description and evaluation, the emergency response procedures and water conservation. Motion by Stotts, second by Arndt, to approve the Water Emergency and Conservation Plan. Mayor Cook suggested having a permanent odd/even watering system in place and he asked that Mr. Exner review the impact on how it would affect the city’s system. Motion carried unanimously. 3 CITY COUNCIL MINUTES – OCTOBER 23, 2007 (c)UPDATE ON RENTAL HOUSING REGISTRATION PROGRAM (DRAFT ORDINANCE) AND CONSIDERATION OF SETTING A PUBLIC HEARING AND FIRST READING FOR NOVEMBER 13, 2007, AT 6:00 P.M. Brad Emans, Fire Chief, presented before the Council. Mr. Emans noted that the topic of a rental inspection program has been discussed for several years. The main goal of enacting such an ordinance is to keep the safety of residents at hand. The renter is expected to take care of the property and for the owner to maintain the property and keep it safe. The ordinance will cover all rental properties within the city other than hospitals, nursing homes or governmental residences regulated by the State of Minnesota. If the ordinance and program is adopted, the hope is to have all registrations completed by March 1, 2008. Mr. Emans detailed the inspection program itself. The Council will set the inspection/registration fee at the beginning of each year. Mr. Emans also suggested posting the ordinance on the city’s web site and having it available for interested parties to review prior to a public hearing. If the ordinance is adopted, the ordinance will be distributed to all rental property owners. It was also discussed that a separate nuisance ordinance regulating illegal activities be drafted and considered concurrently with this proposed ordinance. Motion by Arndt, second by Stotts, to set public hearing for November 13, 2007, at 6:00 p.m. to discuss the rental registration inspection program. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF MEMBERSHIP TO COALITION OF GREATER MINNESOTA CITIES FOR 2008 Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that the membership fee is $24,000 and will be reduced by 50% the first year and by 25% the second year. Mr. Plotz noted that the city currently pays approximately $10,000/year to the League of Minnesota Cities for membership. Mayor Cook noted that the Coalition is a lobbying group that will look out specifically for greater Minnesota cities. Some of the impact the Coalition has had include the phosphorous issue, annexation issues and will play a role in LGA issues. Mr. Plotz noted that the City was a member of the Coalition back in the 1990s however dropped membership for a few different reasons. Council Member Stotts noted that he does not feel that this expenditure is necessary at this time due to budgetary issues. Motion by Stotts, second by Peterson, to reject membership to the Coalition of Greater Minnesota Cities. Roll call vote taken: Arndt – nay; Cook – nay; Peterson – aye; Stotts – aye. Motion failed 2 – 2. Motion by Arndt, second by Peterson, to table this matter to November 13, 2007, for further discussion. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO REVIEW PERFORMANCE PAY PLAN Council Member Stotts suggested reviewing the new proposed pay plan for one year and then compare it to the current plan and then make a decision the following year to determine which plan works best. Motion by Peterson, second by Stotts, to set a review of the performance pay plan as an agenda item at the November 13, 2007, City Council meeting. Motion carried unanimously. Mayor Cook noted that the Council would like to set the workshop for November 13, 2007, at 3:00 p.m. to discuss budget issues, followed by the visioning session at 4:00 p.m. Motion by Arndt, second by Peterson, to set the November 13, 2007, workshop for 3:00 p.m. to first discuss budget issues prior to the visioning session. Motion carried unanimously. MISCELLANEOUS 11. (a)Kent Exner, City Engineer, noted that Assessment Roll No. 5084 needs to be revised to address 4 CITY COUNCIL MINUTES – OCTOBER 23, 2007 revisions to Letting No. 5, Project No. 07-05. Motion by Stotts, second by Arndt, to approve revised Assessment Roll No. 5084. Motion carried unanimously. Casey Stotts – Council Member Stotts congratulated Jean Gray, HPS Communications Specialist, on her retirement. Council Member Stotts also distributed two Resolutions for the Council to review and consider at the next Council meeting. These Resolutions relate to City Council limits in the administration of city affairs and establishing a policy and guidelines for the use of electronic communications between council members. Council Member Stotts noted that as part of the guidelines he would like a stipulation that allows for city council members to email the city administrator which could then in turn be forwarded to all council members so they are aware of issues. Gary Plotz – Mr. Plotz noted that the second meeting in December is scheduled for December 25, 2007, Christmas Day. Mr. Plotz noted that the Council should consider resetting this meeting to a date later in the week. Motion by Peterson, second by Stotts, to reset the second Council meeting in December to December 27, 2007. Motion carried unanimously. Kent Exner – Mr. Exner noted that Mn/DOT has completed a speed study on the Hwy 7 corridor and they will be making a recommendation to the Mn/DOT board. Traffic studies and traffic counts are also being th compiled on Hwy 15/5 Avenue and Hwy 15/Airport Road. Mayor Cook – Mayor Cook suggested asking the PRCE Board to make a recommendation on how to accomplish the ballfield/swimming pool project. Mayor Cook expressed that he would rather not have the projects go to a vote for a local sales tax. Mayor Cook suggested using general obligation bond funds or other funds for the project. Council Member Stotts suggested partnering with the school when identifying the projects. Mayor Cook also asked staff to review the towing/signage procedures from city lots as related to snow removal. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Stotts, second by Peterson, to adjourn at 7:20 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5