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04-08-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, APRIL 8, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Casey Stotts, Kay Peterson, Bill Arndt and Jim Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Todd Harris, Oak Heights Covenant Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Tim Kerkvliet, 415 Kay Street, presented before the Council. Mr. Kerkvliet made comments on the proposed ordinance change to extend liquor sale hours to 2:00 a.m. Mr. Kerkvliet is opposed to such an extension in hours. John Hartzler, 19438 Sioux Hills Road, presented before the Council. Dr. Hartzler moved to Hutchinson a few years ago because he thinks it is a beautiful city with a lot to offer. Dr. Hartzler made comments in opposition to extending the liquor sale hours to 2:00 a.m. Steve Sherman, 15 Academy Lane, presented before the Council. Mr. Sherman urged the Council to deny extending liquor sales to 2:00 a.m. Mark Landreville, Lamplighter Lounge II owner, presented before the Council. Mr. Landreville noted that he has conducted some local research which negates some of the information presented earlier. Mr. Landreville, the original requestor of extending liquor sale hours, noted that he has received encouragement to the extension in liquor sale hours. MINUTES 5. (a)REGULARMEETING OF MARCH 25, 2008 Motion by Arndt, second by Peterson, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2008 2. PLANNING, ZONING AND BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2008 (b)RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13374 – RESOLUTION RELEASING PLEDGED SECURITIES FROM BREMER BANK, N.A. 2. RESOLUTION NO. 13375 – RESOLUTION RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST COMPANY 3. ORDINANCE NO. 08-0499 – AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR APRIL 22, 2008) (c) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO JENNIFER MAGALLON LOCATED AT 18 MAIN STREET SOUTH CITY COUNCIL MINUTES – APRIL 8, 2008 (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO TNT FIREWORKS FROM JUNE 22, 2008 TO JULY 5, 2008, IN THE WALMART PARKING LOT (e) CONSIDERATION FOR APPROVAL OF PREMISES PERMIT RENEWAL APPLICATION FOR RD AMERICAN LEGION POST 96 LOCATED AT 35 3 AVENUE SE TO OPERATE GAMBLING DEVICES (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE 2 – LETTING NO. 2, PROJECT NO. 08-02 (ORDER PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING FOR HEARING) (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)3 and 6(d) were pulled for separate action. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook asked that Fire Chief Brad Emans explain the purpose of the International Property Maintenance Code. Chief Emans explained that the International Property Maintenance Code is a tool to be used in how to regulate and establish minimum standards for properties. Motion by Haugen, second by Arndt, to approve Item 6(b)3. Motion carried unanimously. Item 6(d) had further discussion. Gary Plotz, City Administrator, requested that this item be tabled due to the applicant having a Conditional Use Permit in process. Motion by Haugen, second by Stotts to table Item 6(b)3 to April 22, 2008. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a)CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0495 – AN ORDINANCE EXTENDING ON-SALE INTOXICATING LIQUOR SALES TO 2:00 A.M. (SECOND READING AND ADOPTION) Mayor Cook noted that at the previous meeting the first reading was approved by a 3-2 vote for a six-month trial period. Marc Sebora, City Attorney, clarified that prior to the City Code being recodified in 2004, there was an ordinance on the books that made it unlawful for patrons to consume liquor after the last hour of sale, that required all containers to be off of tables by the last hour of sale and that required all patrons to leave the premises by the hour of the last sale. In addition, Mr. Sebora located language drafted by the League of Minnesota Cities that some other cities have adopted that pertain to when patrons can remain in liquor establishments (30 minutes after liquor sales end). Council Member Peterson noted that she was in favor somewhat of the League’s proposed language. Council Member Peterson stated that after she thought about it, extending liquor sales to 2:00 a.m. is not a good idea. Council Member Stotts proposed allowing the establishments remain open until 2:00 a.m., however not have liquor available for sale. Mark Landreville proposed that language in an ordinance allow for only one drink to be purchased at last call, which is typically 15 minutes before closing time. Mr. Landreville noted that due to the downward spiral of the economy he is trying to increase sales. Council Member Arndt noted that he spoke to the clubs in town and they have no intention or interest in selling liquor until 2:00 a.m. Council Member Haugen noted that the citizens that he has spoken to believe that extending liquor sales to 2:00 a.m. is not in the best interest of the city. 2 CITY COUNCIL MINUTES – APRIL 8, 2008 Motion by Stotts, second by Peterson, to table this item. MarkLandreville provided a petition that he had circulated at his restaurant which included 297 signatures of patrons that were in favor of extended liquor sale hours. Motion carried unanimously. Motion by Stotts, second by Peterson, to draft an ordinance using LMC model language allowing for a 30- minute closing time (drinks off the table and patrons out the door) after the last sale of liquor at 1:00 a.m. Discussion was held related to when last sales should occur and how long patrons should remain in the establishment. Roll call vote was taken: Haugen – aye; Arndt – nay; Peterson – aye; Stotts – aye; Cook – aye. Motion carried 4 to 1. (b) CONSIDERATION FOR APPROVAL OF UPDATED CITY SPECIAL ASSESSMENT POLICY Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that this revised policy follows League of Minnesota Cities model language and is in accordance with Minnesota statutes. The City’s Resource Allocation Committee has aided in preparing and reviewing the revised policy. The policy establishes an equitable manner of recovering and distributing the cost of public improvements. This policy establishes basic procedures to follow when establishing special assessments. Mayor Cook noted that the fee schedule will need to be revised. Kent Exner noted that the revised fee schedule will be brought forth at the next Council meeting. Motion by Peterson, second by Stotts, to approve updated City special assessment policy. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF SELLING ENGINE #9 AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Brad Emans, Fire Chief, presented before the Council. Chief Emans noted that Engine #9 is a 1982 LaFrance fire truck. Chief Emans requested that the Council authorize the fire department to attempt to sell the fire truck on either e-bay or Craig’s list to allow for the best opportunity to sell the truck and have a nationwide audience bidding on it. Motion by Peterson, second by Cook, to approve selling Engine #9 on e-bay or Craig’s List at a minimum bid of $7500.00. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF REVISING HUTCHINSON UTILITIES COMMISSIONERS’ SALARIES Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that the Hutchinson Utilities Commission has brought forth a request to the Council requesting that the board members’ salaries be increased. Currently HUC Commissioners receive a monthly salary of $439.90. The request of the HUC is to increase the board members’ salaries to $665.00 per month, with the President of the HUC receiving a monthly salary of $1000.00. The last increase the HUC received was in 1994. Mr. Sebora provided information on the accomplishments of the HUC and the benefit they provide to the citizens and ratepayers of the City of Hutchinson. Council Member Stotts inquired what the vote was by the Commission to ask for this request. Mr. Sebora’s recollection was that it was a unanimous vote. Mayor Cook noted that when he reviewed the request he compared the HUC’s role to the City Council. Mayor Cook noted that the HUC currently gets paid the same as the Council, however the Council meets more often and are on many more committees. In addition, the Council has a broader depth of items they need to deal with. Mayor Cook feels that, while the mayor’s pay seems fair when compared to other cities, if any salaries should be increased, the other Council Members’ salaries should be raised as opposed to the HUC Commissioners because they appear to be a little low. Council Member Stotts noted that he feels that serving on the Council is a privilege and he was surprised to find out that compensation is part of being a Council Member. Council Member Stotts noted that there are several other boards/commissions within the city that put in a lot of time and hard work and receive no compensation. Council Member Peterson noted that she feels that HUC Board Members should not be paid 3 CITY COUNCIL MINUTES – APRIL 8, 2008 more than City Council Members. Council Member Haugen asked if staff could research what other HUC Commissions’ salaries are. Council Member Arndt noted that the Council has many more meetings than the HUC. The salaries of the HUC appear to compensate for one meeting per month. Motion by Arndt, second by Stotts, to deny revising Hutchinson Utilities Commissioners’ salaries. The entire Council noted that they all recognize the hard work and value that the HUC provides and this motion in no way reflects that they do not. Marc Sebora reviewed again the uniqueness of the HUC, such as the pipeline project and the fact that the City Charter states that only the HUC will be compensated. Council Member Stotts also noted that due to the current budget situation, now is not the time to consider salary increases for anyone, including elected officials. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF TKDA CONSULTING SERVICES AGREEMENT FOR 2008 RUNWAY SAFETY IMPROVEMENTS John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that longitudinal cracks have developed on the runway at the airport which is causing issues to aircraft. The consulting firm, TKDA, has submitted a proposal for preliminary and design engineering services to improve the runway. The project will consist of crack filling the cracks. The project is estimated at $100,000 with $95,000 coming from federal funds and the remaining $5000 from City funds. Motion by Stotts, second by Arndt, to approve TKDA consulting services agreement for 2008 runway safety improvements. Motion carried unanimously. (d) PRESENTATION OF PUBLIC WORKS 2007 YEAR END REPORT Kent Exner, City Engineer, provided a presentation on the public works group year end report. The Public Works group consists of the engineering, operations & maintenance and water & wastewater departments. Mr. Exner reviewed the accomplishments and goals of the departments and also reviewed future proposed upcoming projects. John Olson also noted that a long-term cemetery employee, Bob Deal, passed away earlier this year. Mr. Deal contributed much to the cemetery and he will be sadly missed. (e) CONSIDERATION FOR APPROVAL OF LETTER TO RESIDENTS SUPPORTING AN INCREASE IN STATE FUNDING FOR LOCAL GOVERNMENT AID Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that the legislature has discussed local government aid for years. As a reminder, last year the governor vetoed a tax bill that included restoration of $70 million of the LGA cuts. Currently, there is legislation being considered that would restore $90 million to the local government aid program. This would help keep property taxes in line and help the city continue to provide the services that are expected. To encourage the bill along in the House, a letter has been proposed to send out to all city residents requesting them to contact Rep. Ron Shimanski and other key legislators to ask them to support House File No. 3756. This proposal is supported by the Coalition of Greater Minnesota Cities, the League of Minnesota Cities and other agencies. It is important that our legislators hear from the public and not only elected/city officials. It was proposed to have all City Council Members sign the letter. Motion by Stotts, second by Peterson, to approve sending letter to residents supporting an increase in state funding for local government aid signed by all City Council Members. Motion carried unanimously. This letter will also be submitted to the Hutchinson Leader as a letter to the editor. MISCELLANEOUS 11. th Larry Erickson, 630 4 Avenue SW, presented before the Council. Mr. Erickson asked for clarification of how assessments will be configured for improvements. Kent Exner explained how the assessments are figured for corner lots and how configurations of maintenance projects compare to full reconstruction projects. Full reconstruction projects are 100% assessed and maintenance projects are split 50/50 between the City and property owners. Bill Arndt – Council Member Arndt thanked residents for picking up trash from the sidewalks/green space after the snow melted. Council Member Arndt also requested that a dedication of the new Hwy 7 pedestrian 4 CITY COUNCIL MINUTES – APRIL 8, 2008 underpass be scheduled. Kent Exner noted that a dedication will be held for the underpass, as well as for the Crow River Dam and an Open House at the water treatment plant. Gary Plotz – Mr. Plotz reminded the Council of the Policy Governance Retreat scheduled for April 11 – 13, 2008, at the City Center. Kent Exner – Mr. Exner reviewed the Hwy 7 detour with the project starting April 14, 2008. Steve Cook – Mayor Cook noted that he and the EDA Director attended the legislature today on the JOBZ program. The House & Senate are working on a bill that addresses some issues raised by the State Auditor. ADJOURN 12. Motion by Arndt, second by Stotts, to adjourn at 7:50 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5