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12-27-2007 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL THURSDAY, DECEMBER 27, 2007 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Kay Peterson, Casey Stotts and Jim Haugen. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)SPECIAL MEETING OF DECEMBER 3, 2007 (b) TRUTH IN TAXATION HEARING OF DECEMBER 3, 2007 (c)REGULARMEETING OF DECEMBER 11, 2007 (d) BID OPENING MINUTES OF DECEMBER 17, 2007 Motion by Peterson, second by Haugen, 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 OCTOBER 1, 2007 2.EDA BOARD MINUTES OF NOVEMBER 2, 2007 3.MOTOR VEHICLE MONTHLY REPORT FOR OCTOBER 2007 4.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF NOVEMBER 20, 2007 5.PLANNING COMMISSION MINUTES FROM NOVEMBER 20, 2007 6.CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2007 7.CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2007 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13325 - RESOLUTION FOR PURCHASE (BIODIESEL AND UNLEADED FUEL) 2. RESOLUTION NO. 13326 – RESOLUTION TRANSFERRING FUNDS FROM WASTEWATER, WATER DEPARTMENTS, 2006 IMPROVEMENT BOND CONSTRUCTION FUND AND 2007 IMPROVEMENT BOND CONSTRUCTION FUND TO GENERAL FUND & CAPITAL PROJECTS FUND FOR ENGINEERING AND ADMINISTRATION FEES 3. ORDINANCE NO. 07-0489 – AN ORDINANCE AMENDING SECTION 30.18 “REGULAR CITY COUNCIL MINUTES – DECEMBER 27, 2007 MEETING ORDER OF BUSINESS” TO INCLUDE PUBLIC COMMENTS SECTION AND APPROVING CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS UNDER THE CONSENT AGENDA (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1.CONSIDERATION FOR APPROVAL OF REZONING OF PROPERTY LOCATED AT 897 HWY 15 SOUTH FROM R-3 TO C-4 REQUESTED BY STEVE GASSER OF VIVID IMAGE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0490 FOR JANUARY 8, 2008, AND ADOPT RESOLUTION NO. 13322) 2.CONSIDERATION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT OF YUREK’S POND VIEW ADDITION LOCATED IN THE ISALND VIEW HEIGHTS DEVELOPMENT SUBMITTED BY MILAN YUREK AND KENNETH STEVENS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13323) 3.CONSIDERATION FOR APPROVAL OF REZONING OF PROPERTY FROM C-3 TO R-2 IN BLOCK 33, SOUTH HALF HUTCHINSON, REQUESTED BY FAITH LUTHERAN CHURCH, 335 MAIN STREET SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0491 FOR JANUARY 8, 2008, AND ADOPT RESOLUTION NO. 13324) (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS -CHANGE ORDER NO. 1 – LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT IMPROVEMENTS) -CHANGE ORDER NO. 2 – LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT IMPROVEMENTS) -CHANGE ORDER NO. 3 – LETTING NO. 2, PROJECT NO. 07-02 (HUTCHINSON DAM REPLACEMENT) -CHANGE ORDER NO. 3 – LETTING NO. 1, PROJECT NO. 07-01 (SCHOOL ROAD UNDERPASS) -CHANGE ORDER NO. 3 – LETTING NO. 13, PROJECT NO. 06-15 – (WASTEWATER TREATMENT FACILITY SCADA SYSTEM) (e)CONSIDERATION FOR APPROVAL OF SUBMITTAL OF PUBLIC WORKS GENERAL CONSULTING SERVICES SUMMARY FROM SEH (f)CONSIDERATION FOR APPROVAL OF CELL PHONE REIMBURSEMENT POLICY (g)CONSIDERATION FOR APPROVAL OF HUTCHINSON UTILITIES COMMISSION APPLICATION FOR TREE LINE USA AWARD Items 6(d), 6(e) and 6(f) were pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(d) had further discussion. Mayor Cook asked Kent Exner, City Engineer, to explain Change Order No. 1, Letting No. 4, Project No. 07-04 (wastewater treatment improvements). Mr. Exner noted this change order allows for $50,000 saved annually for a one-time $80,000 investment. Mayor Cook noted that the dam replacement project is over budget a bit, hence the need for the change order. Mr. Exner explained that some unknown events popped up, requiring additional rocks and removal of silt. Motion by Haugen, second by Stotts, to approve Item 6(d). Motion carried unanimously. Item 6(e) had further discussion. Mayor Cook noted that the Council had previously approved entering into a contract with SEH Engineering which included up to five hours weekly of general consulting services. 2 CITY COUNCIL MINUTES – DECEMBER 27, 2007 Kent Exner provided a summary prepared by SEH of the services used by the city over the last five months. The hours averaged to 1.75/week, which was below the five hours/week parameter. Motion by Stotts, second by Peterson, to approve Item 6(e). Motion carried unanimously. Item 6(f) had further discussion. Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that due to the City transferring their cell phone plan from Midwest Wireless to Sprint, the City buys their minutes in a different method. The proposed policy would have employees cover the cost of a 4000 minute block and then be allowed to use those minutes for limited personal use. A monthly reimbursement of $2.00 would cover 50 minutes of personal use for each employee. If an employee exceeds the 50 minutes allotted, the reimbursement price would be $0.45 per minute for each minute over 50 in a calendar month. Motion by Stotts, second by Peterson, to approve Item 6(e). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) CONSIDERATION FOR APPROVAL OF ISSUING WINE/STRONG BEER LICENSE TO TAMMY TUCHTENHAGEN DBA BAVARIAN HAUS LOCATED AT 36 MAIN STREET Motion by Peterson, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve issuing wine/strong beer license to Tammy Tuchtenhagen at 36 Main Street. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING/SUNDAY LIQUOR LICENSE TO APPLEBEE’S RESTAURANTS NORTH LLC DBA APPLEBEE’S NEIGHBORHOOD GRILL & BAR LOCATED AT 1305 HWY 15 SOUTH (CORPORATE LICENSE TRANSFER) Motion by Stotts, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to approve issuing on-sale intoxicating/Sunday liquor license to Applebee’s Restaurants North LLC at 1305 Hwy 15 South. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a) CONSIDERATION FOR APPROVAL OF CHANGE ORDER FOR ENGINE 7 AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Lt. Mike Schumann presented before the Council. Lt. Schumann noted that the new fire truck is currently being constructed and should be delivered in January/February of 2008. Lt. Schumann noted that some items in the truck have been deleted or removed, which resulted in a reduction of approximately $3300.00. Additions have been made to the truck which have resulted in additional costs of approximately $6000.00. These adjustments caused an increase to the price of the truck in the amount of $2704.00. In addition, the fire department is requesting that a factory installed “foam” system be put in place on the new truck. Initially, the fire department had budgeted a retrofitted system to be placed on the truck in 2009. However, the department has learned that the cost will be much higher in a few years, and is therefore asking for the Council’s approval to expend the money in 2008 in the amount of $6942.00 to have the foam system factory installed while the truck is being constructed. Motion by Peterson, second by Cook, to approve change orders for Engine 7 as well as installation of the foam system now as requested by the Hutchinson Fire Department. Ken Merrill, Finance Director, noted that the funding for these additional costs can come out of the excess bond fund. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF 2008 PERFORMANCE INCREASE UNIFORM IMPLEMENTATION DATE AND CONSIDERATION OF AMENDMENT TO CITY POLICY NO. 3.08 (REQUEST TO DEFER TO JANUARY 8, 2008) 3 CITY COUNCIL MINUTES – DECEMBER 27, 2007 Gary Plotz, City Administrator, noted that at the last Council meeting there was some concern brought up about the transitional year for employees if/when implementing a new performance increase date. Staff would like to bring a proposal to the Wage Committee before presenting a solution to the City Council. Motion by Peterson, second by Stotts, to defer this item. Motion carried unanimously. (c) 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 Mayor Cook noted that Resolution No. 13292 applies to all boards and commissions and not only the City Council. One piece of the Resolution notes that all boards and commissions must communicate solely through the City Administrator, which is rather cumbersome. Mayor Cook suggested changing the language stating that the City Administrator is copied on all emails and he may then forward the email communications appropriately. Mayor Cook also noted that this Resolution does not address face-to-face conversation or telephone conversations. Council Member Stotts noted that he feels that this is more of a chain-of-command issue. He feels that the Council should direct their requests to the City Administrator and he then directs it to staff. Mayor Cook noted that having an annual training should cover open meeting law issues. Council Member Stotts suggested revising the Resolutions to incorporate language from policy governance. He will submit a revised Resolution to the City Administrator to forward on to other Council Members. NEW BUSINESS 10. (a) PRESENTATION BY LANDFORM AND CONSIDERATION OF THE HWY 7 CORRIDOR STUDY AND SMALL AREA PLAN WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NOS. 13320 AND 13321) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers gave a brief history of actions completed regarding the Hwy 7 Corridor Study project thus far. Ms. Bowers introduced consultants from Landform who delivered a presentation on the study. Jennifer Zierke presented on the tasks and study areas that the consultant team worked on for the corridor study. Carolyn Krall presented on the gateway districts contained in the corridor study, which are the intersections of Hwy 7 and Hwy 15 and Hwy 7 and Bluff/Adams Street. The consultant team looked at both contemporary and mixed-use future development scenarios. The next steps requested of the corridor study are to formally adopt the study, amend the comprehensive plan, commence a study of the commercial zoning districts, determine the appropriate zones within the moratorium area, draft guidelines for the River Overlay District and then amend the zoning ordinance and zoning map. Mayor Cook commented that he liked the fact that zoning “clean-up” issues came out of the study (zoning districts, etc.). General discussion was held as to what the plan means and whether or not a workshop would be necessary to further discuss the plan. Motion by Stotts, second by Haugen, to adopt Hwy 7 Corridor Study and Small Area Plan, adopting Resolution No. 13320. Motion carried unanimously. Motion by Stotts, second by Peterson, to direct staff to prepare a plan for implantation of “next steps” from the Hwy 7 Corridor Study and Small Area Plan, adopting Resolution No. 13321. Motion carried unanimously. (b) DISCUSSION OF RENTAL INSPECTION PROGRAM Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that last week an ad hoc 4 CITY COUNCIL MINUTES – DECEMBER 27, 2007 committee met to discuss the rental inspection program. The committee consisted of city staff, two council members and landlords/property owners. Mr. Plotz noted that the consensus of the committee was that an ordinance enacting a rental inspection program is a good idea, however the committee wanted just a bit more time to research information to possibly incorporate into the ordinance. Brad Emans, Fire Chief, presented to the Council and provided feedback from the committee meeting. The Council concurred that the rental registration program should be based on life safety. (c) REVIEW AND DISCUSSION OF FIVE YEAR GENERAL FUND BUDGET Ken Merrill, Finance Director, presented before the Council. Mr. Merrill provided an updated five-year general fund budget. The document includes assumptions used in its preparation. Mayor Cook noted that consulting fees remain flat, and he feels that needs to be adjusted. The mayor also questioned if whether or not the 4% salaries & benefits increase was adequate. Mayor Cook noted that if this plan is going to be used as a tool, that it reflects as realistic as possible. (d) CONSIDERATION FOR APPROVAL OF ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PLAN Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that this plan includes all of the proposed capital expenditures. Discussion was held in regard to various rates and how they relate to the capital improvement plan. Motion by Stotts, second by Peterson, to approve adoption of five year capital improvement plan. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF PROJECT FUNDING FOR HUTCHINSON DAM REPLACEMENT AND SCHOOL ROAD PEDESTRIAN UNDERPASS Kent Exner, City Engineer, presented before the Council. Mr. Exner reminded the Council that authorization had been given to use excess bond funds to fund both of these projects beyond the extents of the state and federal funding accumulations. Following completion of the projects, unforeseeable work and additional services were required that were beyond the scope of the initial funding. Staff is requesting that $96,349.85 for the Hutchinson Dam Replacement project and $49,523.87 for the School Road Pedestrian Underpass be distributed from the excess bonds funds to the appropriate construction fund accounts. If funding is used for these projects, the excess bond fund will have a balance of $683,877.53. Mayor Cook suggested in the future to build in contingency monies on projects. Motion by Stotts, second by Peterson, to approve project funding from the excess bond fund for Hutchinson dam replacement and School Road pedestrian underpass, adopting Resolution No. 13327. Motion carried unanimously. (g) DISCUSSION OF SIDEWALK SNOW REMOVAL ACTIVITIES John Olson, Public Works Manager, presented before the Council. Mr. Olson explained the priority system of the trails and sidewalks in the City and how the priorities relate to snow removal. Mr. Olson explained that the sidewalks/trails are prioritized on a three tier system. Mr. Olson also spoke about snow removal in city parking lots. (h) CONSIDERATION FOR APPROVAL OF AMENDING CITY POLICY NO. 1.09 – BOARDS, COMMISSIONS & COMMITTEES – VOTING POWERS – AS REQUESTED BY MAYOR COOK Mayor Cook noted that this policy was discovered as city policies were being reviewed by staff members. The policy states that the mayor may not make a motion at a City Council meeting. Mayor Cook believes that this language comes from the overall view of Robert’s Rules of Order.The Council does not always follow Robert’s Rules of Order and it may be more efficient to allow the mayor to make motions. Council Member Stotts noted that he would prefer to leave the policy as is, in keeping with parliamentary procedure. MISCELLANEOUS 11. Jim Haugen – Council Member Haugen noted that he had heard that the proposed roundabout project at 5 CITY COUNCIL MINUTES – DECEMBER 27, 2007 Hwy 15 and North High Drive was cut. Kent Exner had not heard anything official from Mn/DOT regarding this. Some members heard that it was related to the legislature and funding related to the 35W bridge. Kay Peterson – Council Member Peterson commented on an article that she had read in the Minneapolis Star Tribune about how the City of Minnetonka has a class that they offer to residents to learn about city workings. Gary Plotz will research this. Casey Stotts – Council Member Stotts noted that he has received phone calls in regard to truck parking. He noted that he had spoken with Cenex and they offer truck parking and will be checking into providing electrical connections. Council Member Stotts suggested to the Council to begin working on the 2009 budget and to decide early on at what level the Council is comfortable in fitting into the tax bracket. In other words, what ranking does the Council want to have in its taxation (high, medium, low). Kent Exner – Mr. Exner shared an article that was in a publication distributed to American Water Works members. The publication included an overview and photos of Hutchinson’s new water treatment plant. Also, the water treatment plant received a grand award from the American Council of Engineering Companies, an engineering consultant-nominated award. Mayor Cook – Mayor Cook noted that Friday January 25, 2008, seems to be the date that fits the best for the organizations that will be attending the policy governance session. This date will be formally set at the next Council meeting. Mayor Cook also questioned the landscaping plan for Hwy 7. Dolf Moon, PRCE Director, noted that the plan has been completed and the work is scheduled to be completed by June 15, 2008. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. Motion by Stotts, second by Cook, to approve claims, appropriations and contract payments. Motion carried unanimously. ADJOURN 13. Motion by Haugen, second by Peterson, to adjourn at 8:25 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 6