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09-23-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 23, 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. MINUTES 5. (a)BID OPENING MINUTES FROM SEPTEMBER 9, 2008 (SOUTH GRADE ROAD TRAIL AND CEMETERY ROADWAYS) (b)REGULARMEETING OF SEPTEMBER 10, 2008 Mayor Cook noted he would like a few revisions made to the regular minutes of September 10, 2008. Under Item 10(b), he would like the wording in the action to read, “maximum yearly amount of $35,000”. Also, Item under 10(d), he would like it noted that the percentage of the future levy be included on the Resolution that is approved. Under miscellaneous, he would like it noted that the hospital auxiliary has contributed $1.5 million as opposed to $1 million. Motion by Arndt, second by Stotts, to approve the minutes as presented with the revisions noted above. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 2, 2008 2. PLANNING, ZONING AND BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2008 3. HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM JULY 15, 2008, AND AUGUST 19, 2008 4. PLANNING COMMISSION MINUTES FROM AUGUST 19, 2008 5. JOINT PLANNING BOARD MINUTES FROM MAY 21, 2008 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR AUGUST 2008 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13479 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY (BICYCLES) 2. RESOLUTION NO. 13482 – RESOLUTION FOR PURCHASE (ECO GUARD BAGS) 3. ORDINANCE NO. 08-0510 – AN ORDINANCE ADOPTING REVISIONS TO SECTION 6.02, 6.03 AND CHAPTER 12 OF THE HUTCHINSON CITY CHARTER (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS CITY COUNCIL MINUTES – SEPTEMBER 23, 2008 1. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF COUNTY FAIR MARKETPLACE TH 5 ADDITION AND SITE PLAN TO CONSTRUCT A BEST BUY STORE AT 1350 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13480) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY THODE, APPLICANT, TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN THE FRONT YARD LOCATED AT 327 HWY 7 EAST IN THE LIGHT INDUSTRIAL DISTRICT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13481) (d) APPOINTMENT OF JULI NEUBARTH TO HUTCHINSON AIRPORT COMMISSION TO SEPTEMBER 2013 (e) CONSIDERATION FOR APPROVAL OF OUT OF STATE TRAVEL FOR DAN BROUCEK, CREEKSIDE COMPOST FACILITY, TO CHICAGO, ILLINOIS, NOVEMBER 9 – 13, 2008 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(c)1 was pulled for separate discussion. Motion by Haugen , second by Stotts, to approve consent agenda with the exception of the item noted above. Motion carried unanimously. Item 6(c)1 had further discussion. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that one small change has occurred to the site plan, that being the banding color on the building. It was originally proposed to be a banding color of red, however the new proposal is to have the banding color be a neutral/tan. Motion by Stotts, second by Arndt, to approve Item 6(c)1. Motion carried unanimously. A representative of Ryan Companies presented before the Council. The representative noted that the opportunity to work with city staff during the one-stop-shop was extremely helpful and Ryan Companies is very appreciative of all of their assistance. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a) CONSIDERATION FOR APPROVAL OF REVISION TO POLICY NO. 1.11 – PURCHASING- PURCHASE ORDERS Gary Plotz, City Administrator, noted that this item is a follow-up from the last Council meeting. Mr. Plotz noted that the expenditure limits were revised to allow the Finance Director up to $15,000 authority along with a new item 12 which does not allow for contracts to be divided solely to avoid bidding or purchasing requirements. Motion by Stotts, second by Haugen, to approve revisions to Policy No. 1.11 – Purchase Orders. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON AIRPORT AND MCLEOD COUNTY FAIRGROUNDS PROPERTY TRANSACTION (APPROVE DRAINAGE & UTILITY EASEMENT AND WAIVE FIRST READING OF ORDINANCE NO. 08-0512 AND SET SECOND READING AND ADOPTION FOR OCTOBER 14, 2008) Gary Plotz, City Administrator, noted that county representatives met with City staff in reference to 2 CITY COUNCIL MINUTES – SEPTEMBER 23, 2008 exchanging a parcel of land with them. The county owns a piece of land that is adjacent to the formerly- owned Sky Dive Hutchinson which would be beneficial to the City for ownership. The City owns a parcel of land that abuts the McLeod County Fairgrounds. A portion of the parcel currently owned by the City would be developed by the County as a storm drainage pond for the fairgrounds and some of the property is in the flight zone which is not developable. Some of the property that would be acquired by the county could be developed, subject to airport zoning restrictions. Marc Sebora noted that the deed could be notated that development of the parcel would be subject to airport regulations. Mayor Cook suggested adding language noting applicable airport zoning restrictions to the ordinance for the second reading. Motion by Arndt, second by Haugen, to approve a drainage and utility easement and waive first reading and set second reading and adoption of Ordinance No. 08-0512 for October 14, 2008. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT FOR THE NORTHEAST TRUNK STORM SEWER PHASE 3 PROJECT PROPERTY ACQUISITION Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a purchase agreement has been drafted which details the considerations of the arrangement. The total purchase price of the property is $176,200.00. As part of the transaction, the City will be removing TH 15 Roundabout project assessments in the amount of $25,032.34 for the dedication of two drainage & utility easements required to construct the pond project. The City will also provide “development planning” efforts to Maplewood Academy. Motion by Arndt, second by Stotts, to approve purchase agreement with Maplewood Academy for the northeast trunk storm sewer phase 3 project. Motion carried unanimously. (c) DISCUSSION OF INDUSTRIAL PARK IMPROVEMENTS Marc Sebora, City Attorney, explained that the discussion that was to take place tonight needs more details worked out. He requested that the item be tabled. Motion by Arndt, second by Stotts, to table this item. Motion carried unanimously. (d) CONSIDERATION OF ORDINANCE NO. 08-0511 – AN ORDINANCE STRIKING SECTION 30.34(G)(5) FROM THE HUTCHINSON CITY CODE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 14, 2008) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that during a policy governance session it was noted that this section was in conflict with one of the drafted policies. This revision will keep it in compliance with the new policy. Mayor Cook asked that the Council consider keeping this section in the ordinance to honor the ethical considerations of a council member. Motion by Stotts, second by Haugen, to table this item to October 14, 2008. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF RE-SETTING NOVEMBER 11, 2008, CITY COUNCIL MEETING DUE TO VETERANS’ DAY HOLIDAY Motion by Arndt, second by Stotts, to approve re-setting November 11, 2008, City Council meeting to November 12, 2008. Motion carried unanimously. MISCELLANEOUS 11. Bill Arndt – Mr. Arndt noted that Region 6E is searching for an individual with business development expertise to serve from McLeod County. Interested individuals should contact Bill Arndt. Kent Exner – Mr. Exner shared an article on the City’s wastewater treatment plant that was published in the Water & Wastes Digest. Mr. Exner also noted that the roundabout at Hwy 7/County Road 25 is open. Mayor Cook – Mayor Cook spoke about a Hutchinson Leader poll conducted on City Council public hearings. Mayor Cook asked the public to let Council Members know how they can do better in communicating about public hearings and receiving public input. A phone line has been set up to call in and citizens can also respond via the City’s web site.The mayor has written a letter to the editor that will 3 CITY COUNCIL MINUTES – SEPTEMBER 23, 2008 include the contact information. Bill Arndt also suggested having a City Council agenda posted on HCVN. Mayor Cook suggested having the public hearings or “hot topics” posted on HCVN. Mayor Cook also noted that one of the new policies drafted will be that all agenda items to be placed on a Council agenda come from Gary Plotz or the mayor. Mayor Cook asked that in the interim until the policy is adopted that all council agenda items be run through Gary Plotz. He asked that that process start immediately. ADJOURN 12. Motion by Stotts, second by Arndt, to adjourn at 6:15 p.m. Motion carried unanimously. 4