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09-10-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL WEDNESDAY, SEPTEMBER 10, 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. Howard Anderson, Hunter’s Ridge Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Lena Mowlem, 1365 Westwood Road, presented before the Council. Ms. Mowlem spoke before the Council requesting that the City not cut mosquito spraying from the 2009 budget, which is being considered a possibility. Ms. Mowlem noted that she feels mosquito spraying provides an overall benefit to the entire city. Judy Simons, 755 Southview Court, presented before the Council. Ms. Simons also requested that mosquito spraying not be removed from the 2009 budget. Jack Lyman, 714 Southview Court, presented before the Court. Mr. Lymon encouraged the City Council to keep mosquito spraying in the 2009 budget. Jack Sandberg, 571 Juul Road, presented before the Council. Mr. Sandberg iterated the requests of the individuals who spoke before him. Mr. Sandberg requested that mosquito spraying remain in the 2009 budget. MINUTES 5. (a)REGULARMEETING OF AUGUST 26, 2008 Mayor Cook suggested changing the following in the August 26, 2008, minutes: nd 7(a) – 2 paragraph from bottom – “mosquito larvae control could be paid from stormwater utility fund…” Motion by Haugen, second by Stotts, to approve the minutes as presented with the revision noted above. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2008 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JULY 28, 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13471 – RESOLUTION FOR PURCHASE (LIGHT REPLACEMENT, FORKLIFT, BIO DIESEL) 2. RESOLUTION NO. 13476 – RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON JEFFERSON STREET DURING ARTS AND CRAFTS FESTIVAL 3. ORDINANCE NO. 08-0509 – AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 30.30 CONCERNING PURCHASES BY THE CITY ADMINISTRATOR (SECOND READING AND ADOPTION) (c) REAPPOINTMENT OF BECKY FELLING TO HUTCHINSON HRA BOARD TO AUGUST 2013 CITY COUNCIL MINUTES – SEPTEMBER 10, 2008 (d) CONSIDERATION FOR APPROVAL OF SOLICITOR’S LICENSE FOR THOMAS NEW OF WINDOW CONCEPTS OF MINNESOTA INC. (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE 3 (LETTING NO. 3, PROJECT NO. 08-03) – APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (f) CONSIDERATION FOR APPROVAL OF DANCE PERMIT FOR SUSAN REITER ON BEHALF OF MCLEOD ALLIANCE FOR VICTIMS OF DOMESTIC VIOLENCE ON OCTOBER 17, 2008, AT THE HUTCHINSON EVENT CENTER (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1, 6(b)3 and 6(d) were pulled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Mayor Cook noted that the light replacements being requested are in an effort to be proactive with energy savings. Marv Haugen, Facilities Manager, presented before the Council. Mr. Haugen explained that staff is requesting to replace the lighting at the arena and Rec Center with high bay T5 lamps which will realize a cost savings every year due to the light replacements. A grant/rebate may be available through Hutchinson Utilities Commission. A 3 ½ year payback is expected. The T5 lamps are 52% more efficient than the current lighting fixtures. Mayor Cook also had questions related to the forklift being requested and whether or not an electric piece of equipment was compared to the cost of an LP-operated piece of equipment. A cost comparison was provided which shows that an electric-operated forklift will cost more upfront, however will have less costs on an annual basis. In addition, an electric-operated forklift also has a longer life expectancy. Mayor Cook commented that he is comfortable with Gary Plotz, City Administrator, reviewing the purchase and coming back with a recommendation at the next meeting. Mayor Cook also commented that he feels the dollars could possibly be better spent on other projects. Motion by Stotts, second by Cook, to approve purchase of an LP-operated forklift in the amount of $25,400. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook suggested revising the policy allowing the City Administrator to authorize purchases in the amount of $15,000 to $50,000 and the Finance Director authorizing purchases between $2000 and $15,000. Marc Sebora, City Attorney, corrected the Council that the item for consideration is to approve the ordinance. The changes noted above should be considered for the policy that was adopted at the last meeting. The policy will be considered for revisions at the September 23, 2008, City Council meeting. Motion by Stotts, second by Cook, to approve second reading and adoption of Ordinance No. 08-0509. Motion carried unanimously. Motion by Arndt, second by Cook, to have Policy No. 1.11 reconsidered at the September 23, 2008, City Council meeting. Motion carried unanimously. Item 6(d) had further discussion. Mayor Cook noted that several solicitors will be operating under this application/license. Marc Sebora, City Attorney, had recommended revising the application form to obtain more information on all the individuals operating under the license to ensure that all operators have a clean record. The Council directed Marc Sebora to revise the transient merchant/solicitors/peddlers license application. Motion by Stotts, second by Haugen, to approve solicitors’ license for Thomas New, dba Window Concepts. Motion carried unanimously. 2 CITY COUNCIL MINUTES – SEPTEMBER 10, 2008 PUBLIC HEARINGS – 6:00 P.M. 7. (a)CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE WINE/STRONG BEER LICENSE TO JEFFREY EHLERT OF JAKE’S PIZZA LOCATED AT THE HUTCHINSON MALL Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve issuing wine/strong beer license to Jeffrey Ehlert of Jake’s Pizza. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING LIQUOR LICENSE TO JESSE DOHERTY OF ITALIAN CHAR HOUSE LOCATED AT 101 PARK PLACE Mayor Cook noted that the police department is recommending that the license not be approved based upon the applicant’s past contacts with law enforcement. Gene Doherty, 570 Glen Street, presented before the Council. Mr. Doherty is the applicant’s father. Mr. Doherty explained that the applicant was unable to be present this evening however he presented on his behalf. Mr. Doherty explained some of the situations that his son had been involved in, however they were a few years ago and his son is now “clean as a whistle”. Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Cook, to deny issuing on-sale intoxicating liquor license to Jesse Doherty of Italian Char House. Motion carried unanimously. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2008 GENERAL OBLIGATION IMPROVEMENT BONDS AND 2008 GENERAL OBLIGATION REVENUE BONDS Steve Apfelbacher, Ehlers & Associates, presented before the Council. Mr. Apfelbacher explained the pre- sale reports for the general obligation improvement bonds, stormwater revenue bonds and wastewater treatment revenue refunding bonds. These bonds are to fund the City’s 2007 pavement management program, stormwater improvements in the City’s 2008 capital improvement plan and to refinance the outstanding balance of the City’s 2000B G.O. wastewater treatment revenue bonds for interest cost savings. The total term of the bonds will be 15 years. The bonds will be opened on October 14, 2008. Motion by Stotts, second by Haugen, to approve calling for sale of 2008 general obligation improvement bonds, 2008 general obligation revenue bonds and general obligation wastewater treatment revenue refunding bonds. Motion carried unanimously. (b) UPDATE ON MOSQUITO SPRAYING LEVY LIMIT OPTIONS – KEN MERRILL, FINANCE DIRECTOR Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that the City’s bond counsel, Jerome Gilligan, has provided information related to levy limits for mosquito spraying. Mr. Gilligan’s opinion is that the storm water holdings ponds for mosquito abatement is part of the maintenance and operation of the City’s storm water system is an expense that may be paid from the revenues of the City’s storm water utility. In addition, Mr. Gilligan has opined that the City has specific authority to levy an annual tax for mosquito abatement purposes on all taxable property in the City. The tax must be certified, levied and collected in the same manner as other taxes levied by the City. A tax levy for mosquito abatement purposes will not be subject to levy limits if it is one of the special levies listed in Minnesota law or is approved by the majority of voters of the City voting on the question at a general or special election. A tax levy for mosquito abatement purposes is not one of the special levies listed in Minnesota law, so for such tax levy not to be subject to levy limits it must be approved by the voters of the City. 3 CITY COUNCIL MINUTES – SEPTEMBER 10, 2008 John Olson, Public Works Manager, presented to the Council what a mosquito control program would look like with a $35,000 budget. The program would include eight scheduled applications, two at-need applications and one additional barrier control application. Gary Plotz, City Administrator, presented a Resolution for the Council to consider. The Resolution considered was to call for an election to levy an additional tax levy for mosquito abatement. The passage of this Resolution would place a ballot question on the November 4, 2008, general election ballot asking the voters if the City should be authorized to levy an additional tax levy for mosquito abatement purposes. Motion by Haugen to approve Resolution to levy in the maximum yearly amount of $35,000 for the years 2009 and 2010. Amended motion by Haugen, second by Stotts, to approve Resolution to levy in the maximum yearly amount of $35,000, for the years 2009, 2010, 2011, and 2012 calling for an election to levy an additional tax levy for mosquito abatement. This question will be placed on the November 4, 2008, ballot. Council Member Arndt noted that he can attest that mosquito counts are down overall, so he voiced that spraying should not be given all the credit – weather plays a large role in the breeding of mosquitoes as well. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING 2009 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13473) Motion by Haugen, second by Arndt, to approve setting 2009 preliminary tax levy for the HRA in the amount of $122,000, adopting Resolution No. 13473. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF SETTING 2009 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13474) Mayor Cook asked that in the future, for the EDA and HRA levy Resolutions, that the percentage of the future levy be included on the Resolution. Motion by Stotts, second by Haugen, to approve setting 2009 preliminary tax levy for the EDA in the amount of $155,145, adopting Resolution No. 13474. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING 2009 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON (ADOPT RESOLUTION NO. 13475) Motion by Stotts, second by Haugen, to approve setting 2009 preliminary tax levy for the City of Hutchinson in the amount of $5,890,698, adopting Resolution No. 13475. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF SETTING TRUTH IN TAXATION HEARING DATE FOR DECEMBER 2, 2008, AT 5:30 P.M. Motion by Stotts, second by Haugen, to set Truth in Taxation hearing for December 2, 2008, at 5:30 p.m. at the City Center. Motion carried unanimously. Jeremy Carter, Assistant Finance Director, provided a brief update on the proposed 2009 budget. Staff is still waiting to receive information on health insurance costs to determine how the budget will be affected. (g) ORDINANCE NO. 08-0510 – AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 6.02, 6.03 AND CHAPTER 12 OF HUTCHINSON CITY CHARTER (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 23, 2008) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that these revisions are pertaining to removing language that references Hutchinson Area Health Care, which is now a private, non- profit entity instead of city-owned. Motion by Haugen, second by Stotts, to waive first reading and set second reading and adoption of Ordinance No. 08-0510 for September 23, 2008. Motion carried unanimously. 4 CITY COUNCIL MINUTES – SEPTEMBER 10, 2008 (h)CONSIDERATION FOR APPROVAL OF ITEMS FOR SOUTH GRADE ROAD TRAIL AND CEMETERY ROADWAYS PROJECTS (LETTING NO. 7, PROJECT NO. 08-07 & 08-21) – ACCEPTING BID AND AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the low bid came in at $198,687.00 from Wm Mueller & Sons. These projects consist of constructing a trail from Bridgewater Estates Third Addition to School Road and construction of cemetery roadways. Motion by Stotts, second by Haugen, to accept bid and award contract for South Grade Road Trail and Cemetery Roadways projects, Letting No. 7, Project No. 08-07 & 08-21. Motion carried unanimously (Haugen left before vote taken). MISCELLANEOUS 11. (a)CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR JAY MALONE ON SEPTEMBER 22 – 27, 2008, IN THE HUTCHINSON MALL PARKING LOT Motion by Stotts, second by Cook, to approve transient merchant license for Jay Malone on September 22 – 27, 2008, in the Hutchinson Mall parking lot. Motion carried unanimously. Marc Sebora noted that he and the Chief Police discussed “last minute” applications. It has been determined that the application process will need at least a two week lead time in order to allow Hutchinson Police Services the time to conduct background investigations. Police Chief Dan Hatten informed the Council that an incident occurred at the new roundabout on Hwy 15 earlier in the day. A semi-truck that was overloaded with a piece of equipment excessive in size caused a disturbance at the intersection. Marc Sebora – Mr. Sebora congratulated the top vote-getters from the primary election and commended all of the candidates for taking part in the process. Mr. Sebora also explained the mechanism available if a resident should wish to challenge the ordinance instituting the City Charter changes. Kent Exner – Mr. Exner provided updates on the open houses held at the water treatment and wastewater treatment facilities as well as the event for the underpass John Olson, Public Works Manager, provided an update on the Crow River fountain. Mr. Olson explained that the fountain is planned to be installed tomorrow. th Steve Cook – Mayor Cook noted that the hospital auxiliary is celebrating their 50 year of operation. The auxiliary currently has approximately 300 volunteers and over the 50 years the organization has contributed over $1.5 million in donations. ADJOURN 12. Motion by Arndt, second by Stotts, to adjourn at 7:25 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5