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11-27-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 27, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen, and Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Kevin Oster, Our Savior’s Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Gail Jessen, Hutchinson resident, 815 Harrington, Ordinance No.07-7206, Mrs. Jessen explained that the ordinance is causing hardship for her family because they are unable to find a place to park the truck or a place to store the tools. Mrs. Jessen would like a variance or a conditional use for the cold months at least. Marc Sebora, City Attorney, explained that if the truck is less than 10,000 pounds they can have it parked. Mrs. Jessen explained that the semi they have is over 10,000 pounds, she also wanted to know when the ordinance was put into effect because she had her driveway approved by the city in 2000 for the parking of the tractor. Marc Sebora, City Attorney, would like to meet with Police Chief Dan Hatten and see if there is something they can do about the parking situation. Mayor Cook was also wondering about the camper parking. He also noted that if anyone else had the same concerns they should contact Marc Sebora, City Attorney. Robert Hantge, 1210 Lewis Avenue, addressed Resolution No.’s 13292 and 13293. The first Resolution Mr. Hantge addressed was Resolution No.13292. Mr. Hantge feels that the guidelines are too restrictive, and explained there is a paragraph that does not allow board/commission members to contact city staff, and they have to go through the City Administrator. Mr. Hantge’s suggestion is that the City of Hutchison follow the League of Minnesota Cities and remove the last paragraph. Mr. Hantge then addressed Resolution No. 13293. Mr. Hantge believes that the resolution is redundant and contradicting. Mr. Hantge referred to Chapter 2 of the City Charter and noted that the last sentence already states who can give direction. Mr. Hantge would like to see if the City could reach a compromise on the issues he addressed. Council Member Stotts explained that he talked with Gary Plotz, City Administrator, and that he will take responsibility for the restrictive resolutions. Council Member Stotts’ intent was not to go as far as it did and discussions have already begun regarding revising the resolutions. MINUTES 5. (a)REGULARMEETING OF NOVEMBER 13, 2007 Motion by Haugen, second by Stotts, to approve the minutes presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PUBLIC LIBRARY BOARD MINUTES OF SEPTEMBER 24, 2007 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 2.PIONEERLAND LIBRARY BOARD MINUTES OF SEPTEMBER 20, 2007 3.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF OCTOBER 16, 2007 4.PLANNING COMMISSION MINUTES OF OCTOBER 16, 2007 5.CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER 2007 6.CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13302 – RESOLUTION FOR PURCHASE (FLORIDA CYPRESS AND BARK NUGGETS) 2. RESOLUTION NO. 13303 – RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. 3. ORDINANCE NO. 07-0482 – A RENTAL REGISTRATION AND INSPECTION ORDINANCE (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 07-0484 – AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2(1) (LOCATED AT THE NORTHWEST CORNER OF JEFFERSON ROAD AND COUNTY ROAD 8 FOR CITY OF HUTCHINSON/HUTCHINSON AREA HEALTH CARE FOR A SENIOR HOUSING CAMPUS) (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION FOR APPROVAL OF VARIANCE REQUESTED BY THE OAKS FOR PLACEMENT OF A 212 SQUARE FOOT GAZEBO IN FRONT YARD LOCATED AT 945 CENTURY AVENUE SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13299) 2. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT REQUESTED BY BEANS PLUS, INC. TO ALLOW A CHILD CARE CENTER/SCHOOL IN THE C-5 DISTRICT TH LOCATED AT 267 – 4 AVENUE NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13300) 3. CONSIDERATION FOR APPROVAL OF AMENDMENT TO ZONING ORDINANCE TO UPDATE LANGUAGE IN SECTION 154.170 REGARDING CONDITIONAL USES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0485 FOR DECEMBER 11, 2007) (d) REAPPOINTMENT OF SHERRY RISTAU TO HUTCHINSON AREA HEALTH CARE BOARD TO DECEMBER 2012 (e)CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR EMILY RECK, DBA R&R MASSAGE, LOCATED AT 745 LAKEWOOD DRIVE SW (f)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 20, 2007 (g)CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR VFW POST 906 AT THE HUTCHINSON EVENT CENTER ON DECEMBER 14, 2007 2 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 (h)CONSIDERATION FOR APPROVAL OF GRANT APPLICATION FOR 2007 FIRE SAFETY FEMA GRANT (i)CONSIDERATION FOR APPROVAL OF SETTING DECEMBER 14, 2007, AT 5:30 P.M. AS PUBLIC MEETING TO ALLOW CITY COUNCIL MEMBERS TO ATTEND HOLIDAY PARTY AND AUTHORIZATION OF USING CITY FUNDS TO COVER A PORTION OF THE COST (j)2008 LICENSE RENEWALS 1. MASSAGE LICENSES 2. HAULING LICENSES 3. TOBACCO LICENSES (k) CONSIDERATION FOR APPROVAL OF CAPITAL EXPENDITURE REQUEST FOR HUTCHINSON AREA HEALTH CARE TO RELOCATE BILLING AND ACCOUNTING FROM THE PLAZA BUILDING TO THE FREEMONT BUILDING Items 6(b)3 and 6(c)3 were pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of Items 6(b)3 and 6(c)3. Motion carried unanimously. Item 6(b)3 was discussed further. Mayor Cook noted that he would like to have this item tabled. Mayor Cook would like to have a committee put together to include tenants and landlords. Mayor Cook also had a few questions about the ordinance that was drafted, such as the necessity to check every rental property especially the first time inspections. Council Member Stotts indicated that he had no problem with tabling the item and also noted that there are other communities that have excellent programs and that the committee could look into those communities programs and get some ideas for what works and what does not. Mayor Cook expressed that he is not against the inspection plan, but would like to look at a better way to use staff time. Motion by Stotts, second by Haugen, to table Ordinance No. 07-0428 a rental registration and inspection ordinance indefinitely. Motion carried unanimously. Item 6(c)3 was discussed further. Mayor Cook explained that he noticed a change was made in the code numbers. Rebecca Bowers, Planning/Zoning/Building Director, discussed that the change can be made before next Council meeting if the Council approved the item. Ms. Bowers explained that under procedure, Section 4(c), it should be corrected to 154.70, along with a few other updates. Ms. Bowers explained that she would also like to add ten working days for the DNR, in Section 2(b). Mayor Cook explained that he felt there were a couple of places that were taking away from more of the requirements for example staging plan and open space. Rebecca Bowers, Planning/Zoning/Building Director, explained that both items are explained and that it is hard to dig into those layers and she feels like they are both addressed. Motion by Haugen, second by Peterson, to approve Ordinance No. 07-0485 amendment to zoning ordinance to update language in section 154.170 regarding conditional uses. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) CONSIDERATION OF FUNDAMENTAL CORPORATE CHANGE OF TRANSFERRING THE ASSETS FROM HUTCHINSON TELEPHONE COMPANY TO NEW ULM TELECOM, INC. 3 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 Marc Sebora, City Attorney, explained that a transaction has taken place between New Ulm Telecom and Hutchinson Telephone Company in which New Ulm has acquired the assets of Hutchinson Telephone Company. Mr. Sebora also explained that under the franchise ordinance there needs to be a hearing for a transfer to occur and the purpose of the hearing tonight is to transfer the franchise to New Ulm Telecom. Mr. Sebora further noted that the City’s telecommunications attorneys’ had drafted the transferring documents as they relate to the City’s franchise with Hutchinson Telephone Company. Walt Clay, Hutchinson Telephone Company CEO, explained that the transaction will occur in December. Mr. Clay inquired about Hutchinson Telephone Company being a non-exclusive franchise, and was wondering about the city making requirements that New Ulm Telecom, Inc. would not be able to change rates for three years. Mr. Clay believes that it was an oversight that was missed. Mr. Clay also explained that he would like to point out that when the matter was turned over to the franchise attorneys’ there was not a cap on the fees. Mr. Clay was wondering if the City received a quote for the fees, because it seemed that the fees are excessive, and the City should make some type of cap. Mr. Clay also wanted to thank Hutchinson for the opportunity. Bill Odis, New Ulm Telecom, Inc. CEO, clarified that this transaction is merely a change in control and that New Ulm Telecom, Inc. has a subsidiary that is merging into Hutchinson Telephone Company, and that it will be under the Hutchinson Telephone Company’s name. Mr. Odis also expressed that the City is requiring New Ulm Telecom, Inc. to do something that their competitors are not required to do. Walt Clay, Hutchinson Telephone Company CEO, asked that section 1.7 and Exhibit B be excluded from the proposed resolution transferring the franchise. Council Member Peterson inquired whether the Council could approve the item on the assumption that the wording would change. Bill Odis, New Ulm Telecom, Inc. CEO, expressed that the agreement must be mutual between the two parties. Motion by Arndt, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Peterson, second by Stotts, to remove Section 1.7 and remove Exhibit B. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a)REVIEW OF CITY OF HUTCHINSON COMPENSATION PLAN Mayor Cook explained the item that was talked about based on the performance aspect and he is concerned that the increase is a little higher than it should be, he also explained that it is different than what the last consultant recommended, he suggested a compromise between the two matrixes. Brenda Ewing, Human Resource Director, submitted what the reviews were and he looked through those reviews and under the current plan going from 105% of the market rate to 110%, 98% of the people qualify. Mayor Cook noted that with tightening it up with the plan he recommended it would drop the market rate to 62%. If there was one minor change that would drop it down to 59 people would do it and that would be 49%. For those who could make the top pay from 110-115% of the market rate, right now under the current plan 62% of the people would have qualified for that, if they had the same performance measurements, and again by tightening that up it would drop to about 13.4. Mayor Cook noted that he looked back at what was stated in the compensation plan and the salary maximum should be the difference between the salary market rate and the salary maximum represents marriage pay for employees’ performance above that of an expected job. Again Mayor Cook noted that the last consultant, as the information shows they showed that once you went from 110% you would not see an increase unless you had superior or outstanding performance. With the consultants recommendation to go from the 105-110% you would have about 30% of the employees who have made that. For that higher level you would only have about 10%, and what we have right now just 4 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 about everyone is making the first one, and then a large number meets the second one. Council Member Peterson explained that this item has been discussed at the wage committee. A review of the compensation plan was scheduled for 2008 but was recommended for deferral by the Council to the 2009 budget at a previous workshop. General discussion was held. Mayor Cook noted that there are employees, now, who are in the 110% range. If the matrix is not changed at this time, these employees may receive another increase is 2008 and be above the 110% range. Change the matrix after that has occurred would result in having employees at different levels in regards to compa ratios. Mayor Cook noted that he believes it would be better to change it now, and then maybe look at it again with that consultant later, because what happens is you are adjusting it midstream. Discussion was held. Mayor Cook explained the changes that he would recommend for the performance appraisal score ranges he noted on his proposal. The third and fourth score ranges would be changes to 2,9 – 3.59 (.69 gap) and 3.6 – 4.19 (.59 gap). The change would result in a .59 spread on either side of the middle, meets job requirements. Council Member Peterson expressed her concern of having changes made in the pay scale without consulting with the employees to explain any proposal. Discussion was held. Council Member Haugen asked if Brenda Ewing to review how this issue was presented to the wage committee and why the wage committee made the recommendations they did. He noted that Dan Hatten, Police Chief, has some concerns with his officers particularly, and how changes to the compensations plan would effect them. Brenda Ewing, Human Resources Director, explained that the wage committee reviewed the information and the data and the difference between the two. The wage committee also talked about union situations verses non-union situations, the total compensation subject again, and when they are basically looking at it as wages and benefits and compared it to other municipal departments. Council Member Haugen also explained that Chief Hatten talked about the entry level positions the learning curve associate with new employees. Brenda Ewing, Human Resource Director, explained that there can be a large learning curve for new positions, some more than others, and even though they may not be getting a four or five in every category they are doing well and are making progress. It is not unusual for new employee to get a needs improvement in a certain area, but overall they are doing well and they are a valuable employee to the city. Council Member Peterson noted that when Chief Hatten expressed his opinion he was explaining that it affected those on the highest of the pay scale and those on the lowest, and that was where he was concerned about his officers. Mayor Cook explained that there is still the market increase, and this is just the performance aspect of it, and if you are not a good performer than maybe you do need just the market increase as incentive. If it is performance then you should be able to have a certain standard of performance and even for those new employees on the lower end he believes the proposal is taking into account that there is a learning curve and provides some opportunity for that but after a few years the expectations are that a employee will be performing or at least meeting job requirements. Mayor Cook also inquired if Brenda Ewing, Human Resource Director, new what the City pays out in wages. Brenda Ewing, Human Resource Director, explained that she did not have the specific dollar figures, but further explained that the City is a service oriented organization and the vast majority of the budget is wages. Ms. Ewing explained that there may a difference in opinion on the consultant’s original recommendation and that the matrix staff proposed to Council for adoption. Staff referred to the matrix in the consultant document as an example and had further discussion with the consultant that resulted in the current matrix. Council Member Haugen explained that the matrix that the consultant presented to the Council was not a 5 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 recommendation, it was an example for the City, and he noted that Mayor Cook has repeatedly stated that it is the consultant’s recommendation and it was not a recommendation. Discussion was held. Council Member Haugen explained that the system that is in place is self-correcting. He expressed that everyone can put their own set of numbers together and it will not come out perfect. Discussion was held. Council Member Arndt expressed that the wage committee has worked with this item and the Council should go with what the committee is recommending. Council Member Arndt expressed that the Council should not undermine the work that the committees are doing. Mayor Cook explained that the Council has the final say, and that it is the taxpayers’ money that is paying for the wages. Discussion was held. Council Member Peterson expressed that there are four members of the Council who would like to keep the compensation plan the way it is, and the compensation plan was left with no changes. NEW BUSINESS 10. (a)RECONSIDERATION OF RESOLUTION NO. 13293– RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS Mayor Cook stated that he would like it on the record that he would like to vote against Resolution No. 13293. Motion by Stotts, second by Cook, to reconsider Resolution No. 13293 reaffirming City Council limits in the administration of City affairs. Motion carried unanimously. Motion by Stotts, second by Haugen, to approve Resolution No. 13293 reaffirming City Council limits in the administration of City affairs. Roll call: Haugen – aye; Arndt – aye; Peterson – aye; Stotts – aye; Cook – nay. Motion passed 4 to 1. (b) DISCUSSION OF SUMP PUMP INSPECTION PROGRAM SUMMARY John Paulson, Environmental Specialist, provided a power point presentation on the sump pump inspections. There were 800 inspections that needed to be completed, and of those 800 inspections, 797 homes were inspected. Of those 797 homes, 19 had failed inspections. Ten homes had made corrections before the inspections had taken place. Some of the homes that had been inspected in 2001 had corrected the problem and then switched back after the inspection was complete. That is part of the reason the City reevaluated the program and did the second round of inspections. Mr. Paulson noted that there were three inspections that were incomplete because they had not complied with the sump pump inspections and the City has done everything they can to get them to comply. The City has now resorted to adding a fee to their utility bill. Sump pump can contribute to $40,000 dollars of water that is being treated from water that should not be treated. Council Members Stotts inquired if they had fines for those who had failed the inspections. John Paulson, Environmental Specialist, explained that after the initial inspections property owners were given 30 days to comply. In all of the cases the sump pumps were fixed except for one case of incorrectly installing the sump pump, but the problem was corrected during the second inspection. Mr. Paulson explained that there were no fines issued, because most of those people complied. Mr. Paulson explained that those who failed in 2001 and then again this time, when further research was done, it was found that most were new owners of the homes. John Paulson, Environmental Specialist, also explained that of those three houses that have not set up a sump pump inspection they could be in compliance but believe they will have to pay fees, so may not want to schedule the inspections. No action. (c) DISCUSSION OF AIRPORT HANGAR INSURANCE REQUIREMENTS 6 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 John Olson, Public Works Director, provided a presentation about the insurance coverage at the airport. The insurance agents at A.J. Gallagher walked through all of the liability situations that could possibly happen at the airport and compared those to the existing coverage. Mr. Olson explained that there is one area the insurance agency found that has not been addressed which is coverage is relating to potential bodily injury and property damage liability arising out of renter’s use of the premises where aircrafts are stored. Mr. Olson explained that the amount of coverage that would be required would come in steps so those aircraft owners who do not have that coverage would not be hit with a large amount of money coverage right away. Mr. Olson also explained that there are two aircrafts that are not required to have insurance; those are aircrafts built before 1939, and experimental aircrafts. Mr. Olson explained that with the new language, if they would rent from the City, they would be required to have coverage on those aircrafts. Mayor Cook noted that the aircraft hangar renters really appreciated that they were able to work with the city staff to figure the situation out. Discussion was held. John Olson, Public Works Director, explained that they would be sending out new agreements to correct the old agreement. Motion by Haugen, second by Arndt, to approve the change in insurance coverage to force airport hangar renters to provide insurance coverage relating to potential bodily injury and property damage liability arising out of the renters’ use of the premises where aircraft are stored. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07-0486 – AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY-OWNED REAL PROPERTY LOCATED IN THE CITY OF HUTCHINSON (CENEX DEAL) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR DECEMBER 11, 2007) Miles Seppelt, EDA Director, explained that there was some language in the ordinance that had been corrected. Mr. Seppelt explained that the EDA was working with Cenex to purchase a part of Cenex property and in return the City would sell them a portion of City land next to the grain elevator in the industrial park. Mayor Cook inquired if all the parcels that were listed on the ordinance were the strip of land that would be sold to Cenex. Motion by Stotts, second by Arndt, to approve Ordinance No. 07-0486 authorizing a sale of municipally owned real estate property. Motion carried unanimously. MISCELLANEOUS 11. Council Member Haugen noted that at the November 13, 2007 Council meeting they voted to reject a membership to the Greater Coalition of Minnesota Cities, but he believes there was never a motion to approve the membership. Motion by Haugen, second by Arndt, motion to approve a membership to the Greater Coalition of Minnesota Cities. Roll call: Haugen – aye; Arndt – aye; Cook – aye; Peterson – nay; Stotts – nay. Motion passed 3 to 2. Council Member Arndt explained that at the previous Council meeting a motion was made by Council member Peterson on the hotel and motel smoking ordinance, and Council member Arndt explained that it would be up to Council member Peterson to bring the item up again. Council Member Peterson explained that since it takes two reading of an ordinance she stated that she was going to read the following: I move that the no smoking ordinance in Hutchinson be amended to allow smoking in hotel and motel sleeping rooms and that the first reading of the amended ordinance take place at a special City Council meeting at 5:00 p.m. December 4, 2007 with the second reading and 7 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 adoption at the regular City Council meeting on December 11, 2007. Brad Jacobson, AmeicanInn manager, explained that not every hotel or motel owner represents a franchise. Mr. Jacobson explained that within his franchise he has to meet certain requirements and those are what the franchise says he must meet. Mayor Cook explained that he talked with some of the Bemidji hotel and motel owners and they are happy about not having smoking in their hotels and motels. Discussion was held. Motion by Peterson, Second by Stotts, Motion to amend the Smoke-Free Workplace Ordinance to allow smoking in hotel and motel sleeping rooms. Roll call: Haugen – aye; Arndt - aye, Peterson – aye; Stotts – aye; Cook – nay. Motion passed 4 to 1. Council Member Arndt expressed his concern with the parking at the City Center. Council Member Arndt noted that an elderly couple came to the Department of Motor Vehicle and could not find a parking spot because of the amount of police vehicles and city owned vehicles. Gary Plotz, City Administrator, explained that the city staff will be more careful about where they are parking, and also the employees already do not park in the parking lot on Thursday because of the drivers’ testing being done in the council chambers. Mr. Plotz also noted that there may have been mandatory sexual harassment training on that particular day. Mr. Plotz noted that he will remind staff to be more careful about where they are parking. Council Member Peterson noted that at the Library Board meeting there were 588 students who participated in the summer reading program and she just wanted to let people know that she felt that was very good. Council Member Stotts commented that he will be doing some work on the electronic communication ordinance to rewrite the ordinance to what the scope was originally. As soon as the ordinance is in writing he will send copies to the Council for there review. Mayor Cook noted that he would like to have meeting about the intent, and discuss some of the perceived issues with the Council before the Council starts passing items. Council Member Stotts noted that he has been doing some research on the policy governance item and he believes that it is something the City should be working toward. Mayor Cook noted that he would like to put the item on the agenda for December but would like to have the co-sponsors the county, the school district, and also the Chamber of Commerce, who are going to help and fund that seminar, also attend the meeting. Council Member Stotts explained that the issues they are having is in defining what the roles should be. Council Member Peterson would rather it be in January because December is a busy month for the Council. 8 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 Mayor Cook expressed that the Council should look at their schedules for January, and noted that they could also meet on a Saturday. Council Member Stotts also would like to form a committee to look into expanding the local skate park, and dirt bike track; he would like to look into doing the project in the spring. Council Member Stotts believes that they would not have to use City funds because they should be able to get grants, donations and there should be a lot of volunteer work. Motion by Arndt, second by Haugen, to approve forming a committee to look into expanding the local skate park and dirt bike track. Motion carried unanimously. Council Member Arndt expressed that he believed there should be a dedication to the tunnel and trails. Kent Exner, City Engineer, explained that there is still some landscaping that needs to be done, and in the spring there will be a dedication. Mayor Cook expressed his concern regarding the museum and restoring the garden. Kent Exner, City Engineer, explained that the City has it in the plans and that staff will be doing most of the work, but they will call on some of the garden clubs to help. Mayor Cook explained that the staff should call Clara Wells when that time comes. Kent Exner, City Engineer, had a few updates. Mr. Exner explained that the dam replacement was going well and that last week progress was made, and next week they will start bringing in large boulders. They will be working on the north side of the dam and would like to let people know to stay away from that area as much as they can for safety reasons. Mayor Cook inquired about the silt that is down by the abutment. Kent Exner, City Engineer, explained that there was some additional silt that had accumulated from when the river was drawn down and that it will be dug out. Kent Exner, City Engineer, brought the Council up to speed on the Gopher Campfire sanctuary. Mr. Exner explained that they have gotten into the work and it has evolved since they started, and the Gopher Campfire has stepped up with additional funding. Mr. Exner explained that he would like to match some of the funding that the Gopher Campfire has put into the project. The Gopher Campfire is putting in $10,000 and he would like to match it and possibly use some park funds to do so. The funds would be used for road grading and also black dirt. Mayor Cook asked if $10,000 of the original money budgeted for the project was for grading the roads. Kent Exner, City Engineer, explained that a portion of the money was for the grading of the area where the project was taking place, but not for the entire road. Dolf Moon, Parks/Rec./Community Education Director, explained how the $10,000 might occur and for 9 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 a practical matter, it could be through an operating fund. Mr. Moon also explained that the Parks Department was supposed to have a fourth quarter hire that did not happen, therefore $12,000 has not been used that still remains in the operation budget. Mr. Moon also explained that they could get it from the Parks Department public donations, as well as the Parks Department has been tracking higher amounts of revenue than they had budgeted. Mr. Moon explained that the Gopher Campfire is not a public park, but it is surrounded by public parks. Motion by Stotts, second by Peterson, to approve $10,000 of Parks/Rec./Community Education funding is used for the Gopher Campfire Project. Motion carried unanimously. Kent Exner, City Engineer, would like to have an open house on the Hwy 15 and North High Drive/County Road 12 roundabout project, on Wednesday, December 12, 2007 at 5:00-6:30 p.m. Mr. Exner explained that the project was looking at lasting from July through September, and the detours were very large. Discussion was held. Motion by Arndt, second by Peterson, to set an open house for December 12, 2007 at 5:00-6:30 p.m. . Motion carried unanimously Gary Plotz, City Administrator, explained that he met with the Utilities Commission and the commission would like him to set up a meeting to update the Council on what they are doing as a Utilities Commission. Mr. Plotz explained they would like the Council to come up with a couple of dates and get back to them. Mr. Plotz explained that the matter could be discussed at the December 3, 2007 meeting. Discussion was held. The dates that were picked for consideration were Thursday, January 10, 2008 and also Thursday, January 17, 2008. Mayor Cook mentioned an article in the Star Tribune he read on Sunday that was about trees that are getting topped in the cities. Mayor Cook noted that that is the nice benefits form having a City owned Utilities Company. Discussion was held. Gary Plotz, City Administrator, noted that at the end of the previous City Council meeting it was discussed to have the claims, appropriations and contracts payments moved to the consent agenda. Mr. Plotz noted that he discussed it with the staff and the staff is fine with it being moved. Marc Sebora, City Attorney, noted that it requires an ordinance to change the order in the City Council agenda. Mr. Sebora also noted that while the Council is looking at moving the claims, appropriations and contracts payments, they should also look at putting the Pledge of Allegiance on the agenda, because it was never formally put on the agenda. Mayor Cook commented on whether the Council would like the invocation removed on the order of the agenda because some cities no longer have it, and also some times people are unable to make it. Discussion was held. Mayor Cook commented on the state and special session. Mayor Cook believes that the forecast does not look good, and depending on some of the school issues this year there is going to be further competition for dollars, and it is not going to be easy. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. 10 CITY COUNCIL MINUTES – NOVEMBER 27, 2007 Motion by Arndt, second by Haugen, to adjourn at 7:25 p.m. Motion carried unanimously. 11