Loading...
02-12-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 12, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Bill Arndt, Casey Stotts and Jim Haugen. Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Brian Brosz, Congregational UCC Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Sheila Ellman, 565 Barley Street, presented before the Council. Ms. Ellman stated that she is the wife of a truck driver and she has concerns with the ordinance that prohibits heavy truck parking in residential neighborhoods. Ms. Ellman explained that when her husband became a heavy truck owner/operator she checked with the police department and building department on what it takes to park in residential neighborhoods. Approximately nine years ago she obtained a building department to build up her residential driveway in order to park the heavy truck.Ms. Ellman addressed some of the concerns that have been raised, such as odor and noise. Ms. Ellman has concerns for the owners that will have to park their trucks off-site and the lack of protection. Ms. Ellman noted that she would be willing to pay a permit in order to be able to park the heavy truck in her driveway. Ron Kalenberg, 107 Mark Drive, presented before the Council. Mr. Kalenberg noted that before he began parking his heavy truck at his home, he checked with local officials and the police department as to where parking was acceptable. He suggested that if the City continues to prohibit truck parking in residential neighborhoods, perhaps the City should provide a location for the trucks to park, and provide liability insurance. th Jamie Marx, 41 4 Avenue SW, presented before the Council. Mr. Marx noted that in compliance with the city ordinance, he has parked his truck outside of residential areas away from his home. During these times, his truck has been vandalized. While he had it parked in his driveway, no vandalism occurred. It is now getting harder and harder for truck drivers to find locations to park, even in commercial/industrial districts. Mark Landreville, 761 Walnut Street, presented before the Council. Mr. Landreville, owner of Lamplighter Bar & Grill, requested that the liquor sale hours extend to 2:00 a.m. on Fridays and Saturday nights. Mayor Cook noted that the change in hours would take an ordinance change, which will include a public hearing. The Council will discuss this. Council Member Arndt noted that the owner of Hansen Gravel informed him that if there is enough interest from other truck drivers, he would dig lines to allow for electricity and would allow trucks to park there. Rick Kalenberg noted that there are still vandalism issues. Mr. Kalenberg raised the question as to when the ordinance changed. Marc Sebora noted that the ordinance has been in effect for at least 10 years. Council Member Stotts noted that he did hear from Cenex and currently they have limited area and will not be able to provide electrical hook-ups. Council Member Stotts noted that he was absent from the last Council meeting, however his view is that there shouldn’t be an issue with trucks being parked on private property. Ms. Ellman and Mr. Marx noted that the costs are prohibitive in having to park off of their private property. The Council noted that this item will be placed on the next Council agenda for discussion. MINUTES 5. (a)REGULARMEETING OF JANUARY 22, 2008 CITY COUNCIL MINUTES – FEBRUARY 12, 2008 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 JANUARY 2008 2.HUTCHINSON AIRPORT COMMISSION MINUTES FROM NOVEMBER 15, 2007, AND DECEMBER 20, 2007 3.PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JANUARY 2008 4.PUBLIC LIBRARY BOARD MEETING MINUTES FROM NOVEMBER 26, 2007 5.HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR DECEMBER 2007 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13347 - RESOLUTION FOR PURCHASE (BIOSOLIDS DRYING, CHEVROLET SILVERADO, CROW RIVER FOUNTAIN REPAIR, UNLEADED FUEL, COMPRESSOR REPAIR) 2. RESOLUTION NO. 13348 – RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. 3. ORDINANCE NO. 08-0492 – AN ORDINANCE REZONING PROPERTY FROM R-1 TO I-1 REQUESTED BY ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT 765 RAILROAD STREET SE (SECOND READING AND ADOPTION) (c)CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR BRIAN MEHR, WASTEWATER DEPARTMENT, TO ATTEND THE ZENON USERS GROUP CONFERENCE IN FORT MYERS, FLORIDA FROM APRIL 27 – 29, 2008 (d)APPOINTMENT OF MARC VAILLANCOURT TO THE EDA BOARD TO DECEMBER 2009 (REPLACING DUANE HOVERSTEN) (e)CONSIDERATION FOR APPROVAL OF LEASE AGREEMENT WITH PARK ELEMENTARY SCHOOL FOR PARK LAND (f)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR 3M CLUB ON APRIL 25, 2008 (g)CONSIDERATION FOR APPROVAL OF SIX-MONTH EXTENSION FOR THE AIRPORT FIXED BASE OPERATOR (h) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NOS. 2 AND 3 - LETTING NO. 9, PROJECT NO. 06-11 (WASTEWATER TREATMENT FACILITY LIFT STATION IMPROVEMENTS) (i) CONSIDERATION FOR APPROVAL OF SUNDAY LIQUOR LICENSE FOR LAMPLIGHTER II, INC. (j) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1 and 6(e) were pulled for separate action. Motion by Arndt, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Council Member Stotts asked about the costs associated with the biosolids drying. John Olson, Public Works Manager, explained that the costs noted reflect about a one 2 CITY COUNCIL MINUTES – FEBRUARY 12, 2008 month time frame. Council Member Stotts asked if someone in-house could conduct this drying. Kent Exner noted that Scott Equipment is training the senior wastewater operator to operate the drying facility. Council Member Stotts also questioned the cost of the repair on the Crow River Fountain. He noted that quite a bit of funds has already been spent on the fountain. He questioned the necessity of continuing to put money into it. John Olson, Public Works Manager, explained that the replacement cable is of a smaller size and can be removed and stored. The City cost thus far has been an early repair and the electricity. Council Member Stotts asked for a cost breakdown of how much the fountain costs on an annual basis. Motion by Stotts, second by Arndt, to approve Item 6(b)1. Motion carried unanimously. Item 6(e) had further discussion. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that he was approached by the superintendent of the Hutchinson School District with concerns related to the parkland that abuts Park Elementary school. The concerns centered around the school being able to control student and general public interaction.The agreement authorizes the School District to have authority to control situations during school hours. This agreement allows the school district to lease the park during school hours and immediately before and after. Motion by Arndt, second by Stotts, to approve Item 6(e). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a) 2008 PAVEMENT MANAGEMENT PROGRAM PHASE I Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the proposed project is to rehabilitate pavement at several locations this summer to address deficiencies in existing pavement conditions, sump pump drainage, failed curb replacements and some limited utility improvements. These proposed project areas are only being considered and are subject to not being addressed depending on City funding limitations. The proposed rehabilitation method may include reclaiming/removing the existing pavement section, grading, minimal curb replacement or complete curb replacement, draintile installation and new pavement surfacing. The cost of these improvements will be assessed to the adjacent private properties on a street-frontage basis. The streets included in the project are all or portions of Lewis Avenue rd SW, 3 Avenue SW, West Pishney Lane SW, East Pishney Lane SW, Pishney Lane SW, Pishney Alley SW, Alan Street SW and Circle Drive SW. The property owner will be assessed for 50% of street rehabilitation and partial street reconstruction costs. th Jerome Stahl, 619 4 Avenue SW, presented before the Council. Mr. Stahl noted that he has access from the th alley but he also has access from 4 Avenue SW (main driveway). He has limited access from the alleyway. Kent Exner noted that his concerns are acknowledged and he will review it and make amendments to those assessments that have limited access to the alley. Perry Vacek, 1128 Lewis Avenue, presented before the Council. Mr. Vacek noted concerns he has with the automobile counts taken on Lewis Avenue. Mr. Vacek noted that 147 cars drove on Lewis Avenue today from 3:00 – 4:00 p.m. He thinks the traffic counts are high and the grade should account for that. Mr. Vacek also questioned the assessment allocations. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Kent Exner noted that staff will do more research and reconfiguration on Lewis Avenue. Mayor Cook commented on how staff and Council are looking at rewriting the assessment policy which will address itemizing out costs. Motion by Arndt, second by Haugen, to approve ordering improvement and preparation of plans and specifications and approving plans and specifications and order advertisement for bids on Letting No. 4, Project No. 08-04. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (a) PRESENTATION OF PLANNING/ZONING/BUILDING 2007 YEAR-END REPORT 3 CITY COUNCIL MINUTES – FEBRUARY 12, 2008 Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers provided a summary of the activities in 2007 for the Building Departments and Planning/Zoning Departments. Some of the goals and objectives for 2008 include completing the Hwy 7 Corridor Study and update zoning; review custodial and preventative maintenance coordination opportunities; improve monthly reporting system to Council; explore options for improving code enforcement using existing staff; development of rental housing inspection program; coordination of Evergreen Senior Dining improvements; and complete Planning Commission work plan. Mayor Cook suggested having all of the current Planning/Zoning ordinances on a review schedule. (b) PRESENTATION OF FIRE DEPARTMENT 2007 YEAR-END REPORT Brad Emans, Fire Chief, presented before the Council. Mr. Emans provided a report on the 2007 activities of the Fire Department. Mr. Emans noted that currently 33 individuals serve on the fire department. Chief Emans also reviewed the education/public relations/safety activities that the fire department provided. Chief Emans also reported on responsiveness, services and other miscellaneous items. Ideas for 2008 include experimenting with a Fire Department Citizen Academy, starting the process to develop an emergency action plan for special needs citizens, experimenting with some innovative ideas regarding fire ground accountability and RIT and experimenting with “citizen volunteers” assisting with our public safety th education. Chief Emans also reported that the new fire truck will be delivered on February 14. UNFINISHED BUSINESS 9. (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07-0482 – AN ORDINANCE REGULATING RENTAL UNIT REGISTRATION AND INSPECTION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR FEBRUARY 26, 2008) Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that a subcommittee, including members of the Council, staff and rental property owners, have been meeting to revise the originally proposed rental inspection program ordinance. Mr. Plotz noted that the City has notified the majority of rental property owners informing them of where to locate the proposed ordinance and rental inspection sheets. Mayor Cook noted that the proposed ordinance and program hopes to address safety issues, livability standards and enforcement issues. Brad Emans, Fire Chief, presented before the Council. Mr. Emans commented that staff hopes to meet with all rental property owners to explain the program, once a program is adopted. Brandon Fraser, 1418 McDonald Drive, presented before the Council. Mr. Fraser commented on the improvements made to the currently-proposed ordinance as to the originally-proposed ordinance. One area Mr. Fraser believes could still be approved is having the tenant sign a livability checklist and have the owner/manager attest that the rental property is meeting livability standards. Mayor Cook noted that that piece of the program could be considered after the program is off the ground. Mr. Fraser also spoke about his belief that a fee for the program is not necessary. Mr. Fraser also suggested that the city conduct a random sample of inspections and not conduct inspections on all 1600 identified rental property units. He also suggested that if property owners have properties that are above the standards, no fee should be imposed. Mike Stoebe, Country Club Manor managing partner, presented before the Council. Mr. Stobe noted that his firm operates 7000 units across the Midwest. Mr. Stoebe asked who would be conducting the inspections. Chief Emans noted that the currently-staffed Fire Inspector would be the designated inspector for residential properties. Mr. Stoebe commented on a registration program that St. Cloud conducts. Mayor Cook noted that he was thinking of suggesting a $10.00 fee per unit initially. He also noted that he is considering suggesting a graduated scale. Nuisance calls or repeat violators will be charged additional fees. Brandon Fraser noted that his units are all at code or above code and the good property owners take the brunt for the bad property owners. 4 CITY COUNCIL MINUTES – FEBRUARY 12, 2008 Motion by Stotts, second by Cook, to waive first reading and set second reading and adoption of Ordinance No. 07-0482 for February 26, 2008. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF AMENDMENT TO SECTION 16 OF THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the proposed amendment is the result of a new federal law that is related to the Family and Medical Leave Act. The new law allows for an employee to take up to 26 weeks of leave to care for a defined family member that is a covered service member. Motion by Stotts, second by Haugen, to approve amendment to Section 16 of the City of Hutchinson employee handbook. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ESTABLISHING 2009 BUDGET PARAMETERS Gary Plotz, City Administrator, noted that at a recently-held Council workshop, the Council identified budget parameters for 2009. The City’s finance director will be presenting the budget parameters identified by the Council and the effects it has on the 2009 budget. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill reviewed Resolution No. 13349 which sets the budget revenues and expense parameters for budget year 2009. These parameters include taxes not exceeding a 5% increase from the 2008 levy, LGA being budgeted at an 8% reduction of the 2008 budgeted number and transfers from the enterprise funds increasing 5% from the 2008 budget. In addition, salaries shall be budgeted at a 3.5% increase from the 2008 budget and health insurance costs shall be budgeted at a 15% increase over the 2008 budget. Mayor Cook questioned identifying expense parameters, which are mainly assumptions. The Council noted that these parameters are a work in progress and may change as there are several unknowns. Ken Merrill distributed a preliminary review of the 2009 budget which includes the proposed parameters. This preliminary review shows that a modification of $664,340 will have to be made on either the expenditure or revenue side. Mayor Cook clarified that this number is largely due to the 8% reduction in LGA and no use of one-time money. Motion by Stotts, second by Haugen, to approve Resolution No. 13349, establishing 2009 budget parameters. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF BUSINESS VALUATION SERVICES FOR THE CITY OF HUTCHINSON Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that the proposal before the Council is to have a valuation completed of Hutchinson Area Health Care. This valuation will be undertaken to determine the fair market value of Hutchinson Area Health Care as of December 31, 2007. The proposal is for $45,000 - $50,000. An asset valuation agreement was entered into by the City and Hutchinson Area Health Care which outlines that the cost of the valuation will be shared equally. Motion by Stotts, second by Haugen, to approve business valuation services with LarsonAllen, with a not- to-exceed amount of $50,000. Motion carried unanimously. (d) PRESENTATION BY GARY PLOTZ ON BALDRIGE QUALITY MODEL Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that one of his objectives for 2008 was to explore the Baldrige Quality Model. Mr. Plotz provided a review of an audioconference he attended on the topic. This model entails analyzing, measuring and reviewing for continued improvement. Baldrige is a national award for quality/performance excellence that was started in 1988. Its original purpose was to improve global business competitiveness. Mr. Plotz reviewed the Integrated Management 5 CITY COUNCIL MINUTES – FEBRUARY 12, 2008 System which is part of the model. Mr. Plotz then reviewed the story of Coral Springs, FL, which is the city that received the Baldrige Award. Mr. Plotz expressed that he feels the City is already taking steps towards this model this year. (e) DISCUSSION REGARDING TELECOMMUNICATIONS COMMISSION Mayor Cook noted that currently this board is active on the books, however it doesn’t meet regularly, and in fact, has not convened since 2002. The Board has met approximately six times since 1994. Gary Plotz noted that he spoke to G. Barry Anderson, who is a board member of the HCVN board, and he sees no reason to keep this Commission active. If needed, a temporary committee could be called to discuss current issues. Council Member Haugen also asked if the Charter Commission needs to meet discuss hospital issues. Marc Sebora noted that the Charter Commission will be meeting this Spring. Motion by Arndt, second by Haugen, to consider an ordinance change to abolish the Telecommunications Commission. Motion carried unanimously. (f) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION ASSOCIATED WITH NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT Marc Sebora noted that the City Engineer asked that this closed session be tabled to allow additional time to speak with the landowner’s representative. Motion by Stotts, second by Arndt, to table this item. Motion carried unanimously. MISCELLANEOUS 11. th Mayor Cook - Mayor Cook noted that on February 20 the Coalition of Greater Minnesota Cities is holding a legislative day. Mayor Cook also noted that Kent Exner, City Engineer, had distributed two transportation Resolutions for the Council to consider. These Resolutions urge the State legislature to develop a comprehensive transportation plan. Council Member Stotts noted he was not in support of the League’s Resolution that identifies specific funding options and would rather have it read, “various funding options”. Motion by Stotts, second by Haugen, to approve the Resolutions with the amendment noted above. Motion carried unanimously. ADJOURN 12. Motion by Arndt, second by Stotts, to adjourn at 8:35 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 6