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08-26-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 26, 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. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Rick Stapleton, Shalom Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Rhett Young, 446 Monroe Street, represents the kids at the skate park. Mr. Young commented that he wanted to bring the skate park to the Council’s attention and would like them to think about improvement and expansion, such as bathrooms, lighting, ramps, maintenance, bleachers and expansion. Mr. Young estimated the total cost to be about $50,000 over the course of 10 years. Mayor Cook asked Mr. Young to speak with Dolf Moon, PRCE Director, and discuss some of his ideas, and then to follow up with Gary Plotz, City Administrator. MINUTES 5. (a)REGULARMEETING OF AUGUST 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.MOTOR VEHICLE MONTHLY REPORT FOR JULY 2008 2. PLANNING COMMISSION MINUTES FROM JULY 15, 2008 3. PLANNING, ZONING, BUILDING DEPARTMENT MONTLY REPORT FOR JULY 2008 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2008 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13468 – RESOLUTION FOR PURCHASE (UNDERGROUND PIECING, TWO PAYLOADERS, BAG FILM, BIODIESEL) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RUNNINGS FARM AND FLEET TO ALLOW OUTDOOR DISPLAY AT 1090 HWY 15 SOUTH IN THE C-4 (FRINGE COMMERCIAL) DISTRICT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13467) (d)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(c) and 6(b)1 were pulled for separate discussion. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above. CITY COUNCIL AGENDA – AUGUST 26, 2008 Motion carried unanimously. Mayor Cook inquired about item 6(b)1 and the reason for having two different amounts. Gary Plotz, City Administrator, explained that the two payloaders are currently utilized at Creekside. Creekside staff is looking to downsize and they believe it is in the best interest to purchase those two payloaders for the remainder of the lease and then sell them. The first amount is to buy out the lease and the other is for the internal purchase. They would be shared by departments and would eliminate some motor vehicle use. Motion by Stotts, second by Haugen, to approve item 6(b)1. Motion carried unanimously. Mayor Cook inquired whether there were any comments from the public on items 6(c)1. Rebecca Bowers, Planning, Building and Zoning Director, noted there were no comments from the public. She commented that the staff aims to make this a much better outdoor area and they are looking to add more trees. Motion by Haugen, second by Stotts, to approve item 6(c)1. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)REVIEW OF PROPOSED CITY OF HUTCHINSON 2009 BUDGET Gary Plotz, City Administrator, explained that a number of workshops have been held to establish the budget for 2009. The Council previously set parameters for the budget, and since that time directors have submitted their individual budgets. Mr. Plotz explained that the purpose of the public hearing is to determine if there are any public comments, if there are services the public feels that should be added or services dispersed. Mr. Plotz explained that the City always encourages the public to participate in the workshops. The budgeting continues through November and then there will be a truth in taxation hearing. Mr. Plotz further explained that this public hearing was just an extra option for the public to come forward and comment. Mayor Cook asked for Gary Plotz, City Administrator, to explain levy limits. Gary Plotz explained that the levy is made up of two portions. This year the levy is set at 3.3%, and what changes is the local government aid. If the city gets more LGA the tighter and less of an increase they allow the local certified levy to go up. The total levy should not be up anymore than 5% from the previous year. Mr. Plotz explained that it has been necessary to cut back on expenditures. There are five fulltime positions and part time wages that are effected in the proposed budget to try and make it balance. Many of those are expenditures that were just not filled in the current year, such as in parks and streets. There is also a vacancy created in the motor vehicle pool, and some vacancies in the police department. Mr. Plotz noted that they are trying to reduce this by not filling positions. Mr. Plotz also noted that this might mean a longer waiting time in the motor vehicle lines. In addition, the parks department will have to cut garden plots, and the outdoor skating rinks and so forth. At the Police Department there will be some reduction in hours that will affect the animal control. With all of these cuts, the City is trying to minimize the impact. Council Member Arndt added on how much it cost to put the ad in the paper and then no one shows up, and that here was the time for the public to speak and no one came. Mayor Cook also noted that they did ask if the storm water ponds could be paid for by the storm water and utility funds. Motion by Arndt, second by Haugen to close the public hearing. Motion carried unanimously (b)REVIEW OF PROPOSED REVISIONS TO HUTCHINSON CITY CHARTER Marc Sebora, City Attorney, explained that Hutchinson Area Health Care was owned by the City for 40 2 CITY COUNCIL AGENDA – AUGUST 26, 2008 years and the hospital was governed by a hospital board. Since January 1, 2008 the hospital has been privatized. The hospital now has its own governing board and no longer necessary to have the HAHC Board. The Charter Commission met and wants to eliminate the language that references the board. Before the change can be made in the ordinance a pubic hearing must be held. The notice was published and there was no public comment. Motion by Arndt, second by Stotts, to close the public hearing. Motion carried unanimously. Marc Sebora, City Attorney, commented that his next step is to draft the ordinance for the next meeting. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)POLICY GOVERNANCE POLICY DISCUSSION Stacy Sjogren, Policy Governance, gave a presentation of where the City Council is standing and that they are awfully close to finishing with writing policies. She would like the Council to look at 4.5, 4.8 and finish those tonight, and wait with 4.6 and 4.7 until after the new Council members are elected. Four at the bottom 4.5 and 4.8 finish tonight, 4.6 and 4.7 for after the new people are elected. Stacy Sjogren, Policy Governance, went over 4.5, Council Member Code of Conduct. Stacy noted that Mayor Cook had a draft that had changes on it. Stacy inquired why number four should be in the Council section; they could take number four and put it into the treatment of staff section. Mayor Cook commented that they should pull it out and put it in another policy at a later date. General discussion was held. Number four was pulled to be put it another section at a later date. Mayor Cook inquired whether number five is in the City Charter. General discussion was held. Marc Sebora, City Attorney, clarified that it is in the City Charter that a Council member can not be employed by the City of Hutchinson for one year after they come off of the Council. General discussion was held. Number 5 is taken out for further discussion. Motion by Haugen, second by Cook, to approve section 4.5 with the exclusions of number 4 and 5. Motion carried unanimously. Stacy Sjogren, Policy Governance, went over section 4.8 Cost of Investments. Stacy explained that it talks about the cost factor. Mayor Cook noted that no one has put a history together. Stacy explained that she would recommend that the Council go ahead and approve everything but the dollar amounts, and then when they have that history the Council go back and look at those numbers, this way they can track it a little bit longer, and they can do a better job of estimating. Gary Plotz, City Administrator, commented that for section 4.8.2, since they adopt the budget in December it should be looked at in October 2008. Stacy Sjogren, Policy Governance, will bring this to the Councils’ attention in October 2008. Motion by Stotts, second by Cook, to approve section 4.8 with the exception of section 4.8.2. Motion carried unanimously. Stacy Sjogren, Policy Governance, went over section 3.4 Council Management Declarations. Stacy asked 3 CITY COUNCIL AGENDA – AUGUST 26, 2008 Gary Plotz, City Administrator, to give his recommendations for when these items should be reviewed. Performance Review-December, Treatment of Public-December, Financial Condition & Activities– monthly-July, Planning & Budgeting–quarterly (March, June, September, December), Emergency City Administrator Succession – March, Asset Protection – January, Compensation and Benefits – internal (April) – external (February), Communication & Support – November, Governance Policies – Direct Inspection – quarterly (two each quarter)-(Stacy Sjogren, Policy Governance, will picks those and balance those out), Global Executive Constraint – November. Motion by Stotts, second by Haugen, to approve section 3.4 with Gary Plotz recommendations. Motion carried unanimously. Stacy Sjogren went over the Environmental Protection policy. Stacy handed out a hard copy of this. Mayor Cook drafted this as a starting point for this policy. General discussion was held. Stacy will be pulling out 11, 1, and 2. Mayor Cook noted that he would add in 3 and 5 the fleet mileage, and change the date to 2016. General discussion was held. Steve Cook suggest adding at the end of the sentence, “unless found to be economically unfeasible”. Council Member Haugen likes number 7 better than 5, and feels it is redundant. Council Member Haugen feels that they are supposed to be setting goals, and wanted to know what would happen if the City was not in compliance. General discussion was held. Stacy Sjogren, Policy Governance, suggested taking number 7 out because it is too broad and put that in the Ends Policy. General discussion was held. The Council will be waiting with number 7. (c)CONSIDERATION FOR APPROVAL OF AUTHORIZATION TO ADVERTISE FOR VACANCY IN FINANCE DEPARTMENT Gary Plotz, City Administrator, announced that it is with deep regret that he received a retirement notice from Ken Merrill, Finance Director. Ken Merrill has been with City for over 30 plus years, and has been very valuable to directors and he will be missed. Ken Merrill’s last day is December 31, 2008. Gary noted that what he would like to do is to promote from within and have Jeremy Carter become the Finance Director. He has talked to Jeremy Carter and Ken Merrill about this in depth and both would like to see a new person here for a period of time before Ken leaves. Gary Plotz, noted that there is a 6-10 week overlap where the assistant, Ken, and Jeremy will all be together. He also noted that the job title may be revised and that would be done internally. The monies for that overlap would come from some of the positions that have not been filled in next year’s budget, based on the projections there should be money to cover the overlap. Gary also noted that it takes Council action because in the City Charter you are not able to hire a position without the approval of the Council. Mayor Cook commented that as long as Gary Plotz feels confident that there will be monies, he feels it is a good idea. Motion by Stotts, second by Cook, to approve promoting Jeremy Carter to Finance Director, and hire an Assistant Finance director to overlap the time before Ken Merrill retires on December 31, 2008. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF REVISION TO POLICY NO. 1.11 – PURCHASING- PURCHASE ORDERS AND ORDINANCE NO. 08-0509 – AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 30.30 CONCERNING PURCHASES BY THE CITY ADMINISTRATOR (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0509 FOR SEPTEMBER 10, 2008) Gary Plotz, City Administrator, noted that none of these numbers have been changed for 20 years. He feels that the Council should raise it to have a director make a decision up to $2,000, and that the City Administrator or Finance Director could approve anything up to $25,000. He also suggested having the City Administrator’s purchasing authority raised to $100,000 in two quotations. The most significant change is to match state law sealed bids for anything over $100,000, and one tear decision making for small amounts. This is a joint recommendation from Gary Plotz, City Administrator and the Finance Department. Mayor Cook noted that in policy governance they talked about splitting purchases. Gary Plotz, City 4 CITY COUNCIL AGENDA – AUGUST 26, 2008 Administrator, commented that he discourages that; it will be in the policy governance and is also covered under state statute. Marc Sebora, City Attorney, commented that it is not covered under state statute. General discussion was held. Gary Plotz, City Administrator, explained that currently when they buy fuel they have to get sealed bids, he said when they have to purchase fuel they put it in a resolution for purchase. Motion by Stotts, second by Haugen, to waive first reading and set second reading and adoption for September 10, 2008. Motion carried unanimously. (d)CONSIDERATION OF SETTING DATE FOR CANVASSING RESULTS FROM CITY PRIMARY ELECTION TO BE HELD ON SEPTEMBER 9, 2008 Marc Sebora, City Attorney, explained that the Council needs to meet the morning following the election to go over the voting machine, make sure it is working properly, this is generally at 8:00 a.m. Council Member Arndt inquired doing it before the Council Meeting on Wednesday. Motion by Haugen, second by Arndt, to set the Canvassing results from the Primary Election for September 10, 2008 at 5:00 p.m. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF DESIGNATING COUNCIL MEMBERS TO ATTEND LOCAL BOARD OF REVIEW TRAINING HELD BY THE MCLEOD COUNTY ASSESSOR Mayor Cook noted that by law there has to be two Council members that go through this training. Last time Mayor Cook and Council Member Peterson went, since Council Member Peterson is not running for re- election and neither is Council Member Stotts that leaves Council Member Haugen and Council Member Arndt. Council Member Haugen inquired whether it was half a day. It was noted that it is scheduled for September 15, 2008 at 9:00 a.m. for 2 ½ hours in Glencoe at the North Complex. It was noted that they do not have to decide tonight, they can let Mayor Cook know when they have made a decision. (f) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION FOR THE NORTHEAST TRUNK STORM SEWER PHASE 3 PROJECT Motion by Arndt, second by Haugen to convene into closed session at 7:52 p.m. Motion carried unanimously. Motion by Arndt, second by Haugen to reconvene into open session at 8:15 p.m. Motion carried unanimously. MISCELLANEOUS 11. (a)RESOLUTION NO. 13469 – RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTION ON JEFFERSON STREET Council Member Haugen inquired whether they were closing the road on the south side of First Avenue. Dan Hattan, Police Chief, noted that the road will be closed for the Taste of Hutchinson, and that resolution th will be on for the September 10 meeting. Motion by Arndt, second by Stotts, to approve Resolution No. 13469. Motion carried unanimously. Council Member Haugen suggested postponing Gary Plotz’s review. General Discussion was held. Council Member Arndt suggested having it scheduled the September 23, 2008 Council meeting, following the 5 CITY COUNCIL AGENDA – AUGUST 26, 2008 meeting. Motion by Arndt, second Stotts, to schedule Gary Plotz, City Administrator’s review for September 23, 2008, following the City Council meeting. Motion carried unanimously. Council Member Arndt, asked that the citizens get out and water the trees in Hutchinson, because the trees are changing colors early, he said that instead of relying on the city crews to do everything, the citizens should get out and water a couple of trees, and it would save tax dollars. Council Member Stotts said he had some citizens’ talk to him about making Hutchinson a golf cart friendly town. Council Member Stotts did some checking at towns that allow golf cart use in town and it is a great economical way to get around. Some towns have restrictions such as when they can be out, where, and some towns even have paths for the golf carts. Council Member Stotts thinks this is something the City should look into this winter, so that it would be ready to go in the spring. Kent Exner, City Engineer, commented that the Highway 15 roundabout is open now. Open house for the nd Underpass is Tuesday, September 2 at 5:00 p.m. and Congressman Peterson is not available to be there but Bob Ness is available to attend. It is setup on the south side of the underpass. The Water treatment plant and rd Wastewater open house is scheduled for Wednesday September 3 from 12:00 – 7:00 p.m., they are also offering tours. Mayor Cook commented that someone brought to his attention about the availability of restrooms in library square for the summer months so businesses are not having people come in to just use the restrooms. Mayor Cook also commented on the possibility of putting a bike path on Lewis Avenue, and if Kent Exner, City Engineer, had a chance to look at that. Kent Exner, City Engineer explained that he did look at the road, and it is not possible to have a bike path on the road unless they eliminate parking on both sides of the street, and he does not believe that is very feasible either. General Discussion was held. Council Member Arndt inquired about the construction on College Avenue and if that is going to be open or closed when school starts. He would like Kent Exner, City Engineer; to contact Mr. Linden and Mr. Moore with the construction information for the road that will be closed. Kent Exner, also noted that Tom Sorel, of MN DOT will be out to the HATS facility having lunch and then he will be giving a tour. The Council members are welcome to join them for lunch. Motion by Stotts, second by Arndt, to set a public meeting Wednesday, September 3, 2008 at 12:00 p.m. Motion carried unanimously. Mayor Cook noted that there is a public forum for the council member candidates on Wednesday, August 27, 2008 from 6:30 – 8:30 p.m. it will also be aired on HCVN, questions can be submitted to the Chamber of Commerce. ADJOURN 12. . Motion by Arndt, second by Cook, to adjourn at 7:16 p.m. Motion carried unanimously 6