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12-11-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 11, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Bill Arndt, Kay Peterson, and Jim Haugen. Council Member absent was Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Due to the absence of Rev. Kevin Oster, Our Savior’s Lutheran Church, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF NOVEMBER 27, 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.FIRE DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2007 2.PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 22, 2007 3.HUTCHINSON JOINT PLANNING BOARD MINUTES FROM SEPTEMBER 19, 2007 4.EDA BOARD MINUTES FROM OCTOBER 26, 2007 5.BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2007 6.HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR OCTOBER 2007 7.HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR OCTOBER 2007 8.MONTHLY FINANCIAL SNAPSHOT OF CREEKSIDE COMPOST FACILITY THROUGH OCTOBER 31, 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13314 – RESOLUTION TRANSFERRING $321,500 FROM LIQUOR FUND TO GENERAL FUND 2.RESOLUTION NO. 13315 – RESOLUTION TRANSFERRING $123,600 FROM WATER, SEWER & REFUSE FUND TO GENERAL FUND AND 2002C REFUNDING IMPROVEMENT BOND FUND 3. RESOLUTION NO. 13316 – RESOLUTION FOR PURCHASE (BULK SAND AND BULK COMPOST) 4. RESOLUTION NO. 13317 – RESOLUTION ADOPTING 2008 FEE SCHEDULES CITY COUNCIL MINUTES – DECEMBER 11, 2007 5. ORDINANCE NO. 07-0486 – AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY- OWNED REAL PROPERTY LOCATED IN THE CITY OF HUTCHINSON (CENEX DEAL) (SECOND READING AND ADOPTION) 6. ORDINANCE NO. 07-0487 – AN ORDINANCE AMENDING ORDINANCE NO. 06-0449 TO PERMANENTLY EXCLUDE THE PROVISIONS OF THE SMOKE-FREE WORKPLACE ORDINANCE AS IT APPLIES TO HOTELS AND MOTELS (SECOND READING AND ADOPTION) 7. ORDINANCE NO. 07-0489 – AN ORDINANCE AMENDING SECTION 30.18 “REGULAR MEETING ORDER OF BUSINESS” TO INCLUDE PUBLIC COMMENTS SECTION AND APPROVING CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS UNDER THE CONSENT AGENDA (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR DECEMBER 27, 2007) (c) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 9 – LETTING NO. 2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) - CHANGE ORDER NO. 2 – LETTING NO. 11, PROJECT NO. 05-13 (WATER TREATMENT PLANT BIOLOGICAL TREATMENT SYSTEM) - CHANGE ORDER NO. 10 – LETTING NO. 10, PROJECT NO. 06-02 (NECESSARY HVAC MODIFICATIONS TO MOTOR CONTROL CENTER) (d)CONSIDERATION FOR APPROVAL OF PREMISES PERMIT RENEWAL APPLICATION FOR RD AMERICAN LEGION POST 96 LOCATED AT AMERICAN LEGION POST 96, 35 3 AVENUE SE AND LAMPLIGHTER II LOCATED AT 1011 HWY 15 SOUTH TO OPERATE GAMBLING DEVICES (e)REAPPOINTMENT OF DICK FREEMAN TO AIRPORT COMMISSION TO SEPTEMBER 2012 (f)CONSIDERATION FOR APPROVAL OF ENTERING INTO JOINT POWERS AGREEMENT WITH THE SOUTHWEST METRO DRUG TASK FORCE (g)CONSIDERATION FOR APPROVAL OF CAPITAL EXPENDITURE (SLEEP CENTER) AS REQUESTED BY HUTCHINSON AREA HEALTH CARE (h)CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR JEREMY CARTER, ASSISTANT FINANCE DIRECTOR, TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION NATIONAL CONFERENCE (i)CONSIDERATION FOR APPROVAL OF 2008 MASSAGE LICENSE AND TAXI SERVICE LICENSE RENEWALS Items 6(b)4, 6(b)6 and 6(c) were pulled for separate discussion. Motion by Haugen, second by Peterson, to approve consent agenda with the exception of the items noted. Motion carried unanimously. Item 6(b)4 had further discussion. Mayor Cook noted that in the future he would like it shown as to when the last time a fee was raised. Motion by Peterson, second by Arndt, to approve Item 6(b)4. Motion carried unanimously. Item 6(b)6 had further discussion. Mayor Cook noted that he wanted the opportunity to vote against this item as he does not feel it is equal amongst all establishments. 2 CITY COUNCIL MINUTES – DECEMBER 11, 2007 Motion by Peterson, second by Haugen, to approve Item 6(b)6. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Cook – nay. Motion carried 3 to 1. Item 6(c) had further discussion. Council Member Arndt asked for clarification regarding this item as he thought it was brought up previously.Kent Exner, City Engineer, noted that some work for the water treatment plant was transferred to Gridor Construction. Mr. Exner also noted that this item was on the agenda previously, however had been deferred. Motion by Arndt, second by Haugen, to approve Item 6(c). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF SUPPORTING MCLEOD COUNTY ECONOMIC DEVELOPMENT AUTHORITY Gary Plotz, City Administrator, noted that this topic has been discussed for several years. Mr. Plotz further noted that a couple of weeks ago, a meeting amongst Hutchinson officials, Glencoe officials and County officials met and this was one topic of discussion, being highly supported amongst all three agencies. Miles Seppelt, EDA Director, presented before the Council. The proposal is to establish a county-wide Economic Development Authority. The purpose of the county EDA would be to promote job creation and tax base growth in the county. The necessity of a county EDA are facilitated by important economic development and redevelopment projects not getting done, businesses leaving McLeod County, business recruitment, missed opportunities for job creation and tax base growth, missed funding opportunities and missed opportunities for growth. Currently 40 counties have economic development authorities. One idea for funding the county EDA includes having the County Board giving the McLeod County EDA the authority to establish its own tax levy. Mr. Seppelt then reviewed how this would impact the county taxpayers. Mr. Seppelt and others will be providing this same presentation to the municipalities within the county asking for approval of a supporting Resolution. The Resolutions and concept will then be presented to the McLeod County Board for their approval. Motion by Peterson, second by Haugen, to approve supporting McLeod County Economic Development Authority, adopting Resolution No. 13318. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF CHANGE ORDER FOR ENGINE 7 AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Gary Plotz, City Administrator, noted that the presenter was unable to be present at the meeting tonight. For that reason, the fire department is requesting that this item be tabled until December 27, 2007. Motion by Arndt, second by Peterson, to table this item to December 27, 2007. Motion carried unanimously. (c) DISCUSSION OF REFERRING HUTCHINSON CITY CODE SECTION 154.070 TO THE PLANNING COMMISSION FOR FURTHER REVIEW Mayor Cook noted that in Ordinance 154.070, several items under (C), Procedure, are being changed. These changes may impact language in the Planned Development District ordinance, specifically related to the sections dealing with phased development and open space. For that reason, Mayor Cook suggested referring the Planned Development District ordinance to the Planning Commission for their review. The Council conferred and gave direction to refer the Planned Development District ordinance to the 3 CITY COUNCIL MINUTES – DECEMBER 11, 2007 Planning Commission to review the sections noted above. (d) CONSIDERATION FOR APPROVAL OF AMENDMENT TO ZONING ORDINANCE TO UPDATE LANGUAGE IN SECTION 154.170 REGARDING CONDITIONAL USES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) Motion by Haugen, second by Peterson, to approve second reading and adoption of Ordinance No. 07-0485. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF 2008 PERFORMANCE INCREASE UNIFORM IMPLEMENTING DATE AND CONSIDERATION OF AMENDMENT TO CITY POLICY NO. 3.08 Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing noted that several months ago the Council tabled this item. Staff is recommending that City policy be amended to incorporate all performance reviews being conducted by January 31, 2007, and performance increases being paid out on March 1 of each year. Mayor Cook would like to work out a way to prorate increases so that the system is fair to those employees having a long amount of time between reviews and a short amount of time for the first round before implementation. Motion by Haugen, second by Cook, to table this item to December 27, 2007. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF 2008 ANNUAL COMPENSATION PLAN (ADOPT RESOLUTION NO. 13304) Brenda Ewing, Human Resources Director, presented before the Council. The pay grid included in the compensation plan reflects a 2.7% annual market adjustment that has been recommended by the Wage Committee and incorporated as part of the General Fund Budget. This plan does include language related to the March 1 performance increase date, so, due to the item listed above being tabled, an adjustment for that language will have to be made. Ms. Ewing also noted that the health and dental insurance plans are not changing, other than an increase to the premium rate. Motion by Peterson, second by Haugen, to approve Resolution No. 13304 – adopting 2008 annual compensation plan. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Cook – nay (due to a revised compensation grid not being implemented). Motion carried 3 to 1. (g) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 FINAL TAX LEVY FOR THE CITY OF HUTCHINSON (ADOPT RESOLUTION NO. 13307) Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that earlier this year the Council set parameters by which staff has met. The only nuance to those parameters was a loss in local government aid. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that this item was presented at the Truth in Taxation Hearing and has been reduced by $192,000 as previously sent out to city residents. The tax levy includes the general obligation bonds, improvement bonds and general fund, totaling $5,605,900, or a 4.4% increase. Motion by Peterson, second by Haugen, to approve adopting 2008 final tax levy for the City of Hutchinson, adopting Resolution No. 13307. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 FINAL TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13306) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that this item sets the HRA tax levy for $116,252. Motion by Haugen, second by Arndt, to approve adopting 2008 final tax levy for special taxing district 4 CITY COUNCIL MINUTES – DECEMBER 11, 2007 Hutchinson Housing & Redevelopment Authority, adopting Resolution No. 13306. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13305) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that this item sets the EDA tax levy for $146,000. Motion by Arndt, second by Haugen, to approve adopting 2008 tax levy for special taxing district Hutchinson Economic Development Authority, adopting Resolution No. 13305. Motion carried unanimously. (j) CONSIDERATION FOR APPROVAL OF ADOPTING THE 2008 CITY OF HUTCHINSON GENERAL FUND BUDGET (ADOPT RESOLUTION NO. 13308) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that the proposed general fund totals $11,208,818. Mr. Merrill noted that this budget does include $40,000 in revenue from the rental inspection program. This dollar amount has not been approved by the Council, so adjustments may need to be made in 2008 as the inspection program is developed. Coalition of Greater MN Cities dues were suggested to be reallocated to the unallocated fund as compared to the Mayor/Council budget. Motion by Peterson, second by Arndt, to approve adopting 2008 City of Hutchinson general fund budget, adopting Resolution No. 13308 including reallocating Coalition of Greater Minnesota Cities dues. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – aye; Cook – nay (due to no thorough process being completed to establish costs and priorities). Motion carried 3 to 1. (k) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 CENTRAL GARAGE FUND BUDGETS (ADOPT RESOLUTION NO. 13309) Ken Merrill, Finance Director, presented before the Council. The Central Garage Fund budget includes a total of $940,297, which includes depreciation and capital outlay. This shows assets as vehicles as opposed to cash. Motion by Peterson, second by Cook, to approve adopting 2008 Central Garage fund budgets, adopting Resolution No. 13309. Motion carried unanimously. (l) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 CAPITAL PROJECTS FUND BUDGET (ADOPT RESOLUTION NO. 13310) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that this budget includes transfers from Hutchinson Utilities Commission, interest and insurance settlement funds. This is a government fund. Kent Exner, City Engineer, spoke about how staff is researching the use and operation of the fountain that has been housed in the Crow River. Dan Hatten, Police Chief, spoke about a voice recorder that is budgeted for. This voice recorder records 911 calls and allows for instant playback and also serves as a database for call intakes. This piece of equipment also holds a lower annual dollar fee as related to the maintenance agreement. Motion by Peterson, second by Cook, to approve adopting 2008 Capital Projects fund budget, adopting Resolution No. 13310. Motion carried unanimously. (m) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 LIQUOR FUND BUDGET (ADOPT RESOLUTION NO. 13311) 5 CITY COUNCIL MINUTES – DECEMBER 11, 2007 Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that the liquor fund budget includes a transfer to the general fund and depreciation expense of the new facility. Mayor Cook reminded the public that tax dollars are not being used to fund the store, however sales solely support the store and are paying off the loan. Motion by Haugen, second by Arndt, to approve adopting 2008 Liquor Fund budget, adopting Resolution No. 13311. Motion carried unanimously. (n) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 STORM WATER UTILITY BUDGET (ADOPT RESOLUTION NO. 13312) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that this fund is for stormwater maintenance and projects. This fund will be supporting the Northeast Trunk storm sewer project scheduled for 2008. This budget includes a rate increase as approved by the Council. Motion by Arndt, second by Haugen, to approve adopting 2008 Storm Water Utility budget, adopting Resolution No. 13312. General discussion was held regarding ponding issues. Motion carried unanimously. (o) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 WATER/WASTEWATER/REFUSE/COMPOST BUDGET (ADOPT RESOLUTION NO. 13313) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that this budget includes the water, wastewater and compost departments. Mayor Cook noted that at some point he would like to have each fund separated out as its own budget item. It was noted that the Minneapolis contract expires in 2008 and it is being discussed as to whether or not the City will bid on the project again. Motion by Haugen, second by Peterson, to approve adopting 2008 Water/Wastewater/Refuse/Compost budget, adopting Resolution No. 13313. Motion carried unanimously. (p) DISCUSSION OF AMENDING SECTION 72.06 OF THE HUTCHINSON CITY CODE PERTAINING TO TRUCK PARKING Mayor Cook noted that at the last City Council meeting a property owner expressed a hardship due to the current City ordinance not allowing truck parking (excess of 9000-10,000 lbs.) in residential neighborhoods. Gary Plotz, City Administrator, noted that he, the Police Chief, City Attorney and Planning/Zoning/Building Director met to discuss this item. The group is not recommending any changes to the current ordinance at this time. Council Member Peterson suggested a permit system for trucks such as moving trucks that need to be used for an excessive amount of time. Council Member Peterson also requested that community members make the Council aware of their position on truck parking in residential neighborhoods. The Council asked the City Administrator to survey other communities and see how they handle truck parking in residential neighborhoods. (q) DISCUSSION OF UNDERTAKING A COMMUNITY VISIONING PROCESS Mayor Cook noted that this item is a follow-up from the presentation given by the McLeod County Extension Office from a few weeks ago. Mayor Cook asked if the Council would be interested in getting started with a community visioning process and have the same presenter, Catherine Rasmussen, present/facilitate to the Council again. Mayor Cook would like to have the community as part of the process. Council Member Haugen voiced his support for such a process. It was suggested to have the mayor of Willmar or St. Louis Park speak to the Council, as both of these cities have gone through the process or just simply have them provide information to the Council regarding the process. (r) DISCUSSION OF NEED FOR POLICIES REGARDING THE HANDLING OF NON-AGENDA ITEMS AND THE INTRODUCTION OF NEW OR CHANGED POLICIES, RESOLUTIONS AND ORDINANCES WITHOUT PRIOR COUNCIL DISCUSSION 6 CITY COUNCIL MINUTES – DECEMBER 11, 2007 Mayor Cook noted that he would suggest that a guideline be followed that if policies, resolutions or ordinances wish to be approved, Council have discussion prior to any action being taken. Council Member Peterson and Council Member Arndt noted that they feel discussion is already held prior to action being taken. The Council felt that no action ever has to be taken immediately on a topic and the Council has the authority to table items. (s) DISCUSSION OF RESOLUTION NO. 13292 – RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS AND RESOLUTION NO. 13293 - RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS Motion by Peterson, second by Arndt, to table this item to December 27, 2007. Motion carried unanimously. (t) CONSIDERATION FOR APPROVAL OF SETTING ORGANIZATIONAL MEETING FOR JANUARY 2, 2008 Motion by Peterson, second by Haugen, to approve setting organizational meeting for January 2, 2008, at 9:00 a.m. at the City Center. Motion carried unanimously. (u) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION FOR JANUARY 10, 2008, AT THE HUTCHINSON EVENT CENTER Motion by Peterson, second by Haugen, to approve setting joint meeting with Hutchinson Utilities Commission for January 10, 2008, at 4:00 p.m. at the Hutchinson Event Center. Motion carried unanimously. MISCELLANEOUS 11. Gary Plotz, City Administrator, noted that the Hutchinson Police Department has requested approval to sell at auction a forfeited vehicle they had obtained. City code requires Council action for such a sale and there is an auction being held December 12, 2007, in which the vehicle could be sold. Motion by Arndt, second by Haugen, to approve selling at auction a 1996 Chevrolet S-10. Motion carried unanimously. th Gary Plotz, City Administrator, noted Bill Arndt’s 50 wedding anniversary celebration is being held December 22, 2007, at 5:30 p.m. at the American Legion. Motion by Peterson, second by Cook, to set December 22, 2007, at 5:30 p.m. at the American Legion as a public meeting. Motion carried unanimously. th Kent Exner, City Engineer, noted that an open house is being held by Mn/DOT on December 12 at 5:00 p.m. to review the proposed roundabout to be located at Hwy 15 and North High Drive. Mr. Exner also reported on the progress of the Crow River Dam reconstruction project. John Olson, Public Works Manager, requested that the Council set January 22, 2008, at 4:00 p.m. as a workshop date to review the assessment policy and pavement management program. Motion by Haugen, second by Arndt, to set January 22, 2008, at 4:00 p.m. as a Council workshop to review assessment policy and pavement management program. Motion carried unanimously. Gary Plotz, City Administrator, noted that the hospital privatization documents have been signed. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion 7 CITY COUNCIL MINUTES – DECEMBER 11, 2007 carried unanimously. ADJOURN 13. Motion by Haugen, second by Cook, to adjourn at 7:55 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 8