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10-14-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 14, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Bill Arndt, and Jim Haugen. Member absent was Kay Peterson and Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Greg Nelson, Bethlehem United Methodist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. READING OF PROCLAMATION DECLARING OCTOBER 2008 AS TOASTMASTERS MONTH IN THE CITY OF HUTCHINSON PUBLIC COMMENTS 4. John Olson, Public Works Manager, presented before the Council. Mr. Olson presented a set of large scissors crafted by City employee, Eldon Barkeim, to be used for ribbon-cutting ceremonies. MINUTES 5. (a)REGULARMEETING OF SEPTEMBER 23, 2008 (b) BID OPENING MINUTES OF OCTOBER 7, 2008 (NORTHEAST TRUNK STORM SEWER PHASE 3) Motion by Haugen, second by Arndt, 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 SEPTEMBER 2008 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM AUGUST 25, 2008 3. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR AUGUST 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13485 – RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2. RESOLUTION NO. 13483 – RESOLUTION AUTHORIZING GARY D. PLOTZ, CITY ADMINISTRATOR, TO EXECUTE DOCUMENTS REQUIRED FOR REAL ESTATE PURCHASE (MAPLEWOOD ACADEMY TRANSACTION) 3. ORDINANCE NO. 08-0512 – AN ORDINANCE REGARDING CITY OF HUTCHINSON AIRPORT AND MCLEOD COUNTY FAIRGROUNDS PROPERTY TRANSACTION (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF FEE AGREEMENT WITH GAVIN, OLSON & WINTERS LTD. FOR PROSECUTORIAL SERVICES (d) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR CITY COUNCIL MINUTES – OCTOBER 14, 2008 PERFORMANCE APPRAISAL HELD ON SEPTEMBER 23, 2008 (e) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 4 – LETTING NO. 13, PROJECT NO. 06-15 (WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION) (f) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR CATHERINE LIBOR LOCATED AT 3 MAIN STREET SOUTH (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(d) was pulled for separate discussion. Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the item noted above. Motion carried unanimously. Item 6(d) had further discussion. Mayor Cook noted that he felt the goals and priorities were not clearly defined in the summary. Therefore, he provided an amended summary for consideration. Motion by Haugen, second by Arndt, to approve Item 6(d) with the language changes indicated in the revised version of the summary. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a) 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 28, 2008) Marc Sebora, City Attorney, noted that this item was tabled at the last meeting at the request of Council Member Stotts. Mr. Sebora will also be doing further research on the topic. Motion by Haugen, second by Arndt, to table this item indefinitely. Motion carried unanimously. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF AWARDING 2008 BONDS -RESOLUTION NO. 13485 – RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS -RESOLUTION NO. 13486 – RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION STORMWATER REVENUE BONDS -RESOLUTION NO. 13487 – RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION WASTEWATER TREATMENT REVENUE REFUNDING BONDS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill introduced Bruce Kimmel from Ehlers & Associates who provided an overview of the bond sales. Mr. Merrill noted that the City did not take in bids on Resolution No. 13487 due to the rising interest costs, therefore that Resolution does not need to be considered. Mr. Kimmel explained that four bids were received on the general obligation bonds with the low bid coming in from Piper Jaffray and three bids received on the general obligation stormwater revenue bonds with Piper Jaffray also coming in as the low bidder. The true interest rates on the bonds were 4.5% and 4.4% respectively. In addition, Mr. Kimmel explained that the City received an A-2 bond rating from Moody’s. Motion by Arndt, second by Haugen, to authorize sale of general obligation improvement bonds, adopting 2 CITY COUNCIL MINUTES – OCTOBER 14, 2008 Resolution No. 13485. Motion carried unanimously. Motion by Haugen, second by Arndt, to authorize sale of general obligation stormwater revenue bonds, adopting Resolution No. 13486. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF FIVE-YEAR CAPITAL IMPROVEMENT PLAN Jeremy Carter, Assistant Finance Director, presented before the Council. Mr. Carter briefly reviewed the five-year capital improvement plan, which included the projects and funding sources by department. The capital improvement plan includes expenditures that exceed $10,000 and require more than one year to pay off. The projects are prioritized within each department. Mr. Carter reminded the Council that this plan is fluid and is adjusted annually due to funding issues. Gary Plotz, City Administrator, noted that currently he put in place a policy that any expenditures over $5000 need his approval. That policy is in effect indefinitely. Some general discussion was held on the automatic meter reading project that is currently in the plan. Mayor Cook noted that he would like $50,000 earmarked in 2009 for the fire department megahertz radio project that relates to public safety communication which will be state/federal mandated by 2013. The Council concurred. Police Chief Dan Hatten provided input on the regional advisory board that was put together to address the mandates and identify grant sources for the conversion. Motion by Arndt, second by Haugen, to approve five-year capital improvement plan, noting that $50,000 should be earmarked in 2009 for the megahertz radio within the Fire Department capital improvement fund. Motion carried unanimously. th Kent Exner, City Engineer, noted the following projects are included on the plan for 2009: 6 Avenue, thth McLeod Avenue, Elm Street, 10 Street, 11 Street, Water Street, Kouwe Street and James Street. Of course these projects will be determined by costs and the pavement management program. (c) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE 3 PROJECT (LETTING NO. 3, PROJECT NO. 08-03 & 08-09) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that nine bids were received for this project with the low bidder being R&R Excavating with a bid of $463,359.32. This bid is much lower than the $605,000 estimate. The requested action tonight is to accept bid and award contract. Motion by Arndt, second by Haugen, to accept bid and award contract to R&R Excavating contingent on the closure of the property transaction and receipt of the wetland conservation permit. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS ENTERPRISE FUNDS BUDGETS Gary Plotz noted that an update on the health insurance numbers will also be given at this time. Motion by Haugen, second by Arndt, to set Council workshop for October 28, 2008, at 4:00 p.m. to review enterprise fund budgets. Motion carried unanimously. (e) DISCUSSION AND CONSIDERATION OF POLICY GOVERNANCE POLICIES Stacy Sjogren, Policy Governance consultant, presented before the Council. Ms. Sjogren reviewed ideas that were brainstormed during the April 24, 2008, policy governance retreat. Ms. Sjogren suggested that a workshop be scheduled to complete first revision to Ends policy draft. Ms. Sjogren reviewed the “next steps” calendar with the Council. Gary Plotz suggested waiting to have the workshop until after the election so the newly elected officials can attend. 3 CITY COUNCIL MINUTES – OCTOBER 14, 2008 Motion by Haugen, second by Arndt, to set November 20, 2008, from 4:00 p.m. – 7:00 p.m. as a policy governance workshop. Motion carried unanimously. Ms. Sjogren reviewed a Council meeting agenda template for review. Proposed items to be included on the agenda were the following: Call to Order, Invocation, Pledge of Allegiance, Public Comments, Consent Agenda, Educational Information, Governance, Policy Development, Governance Process, and Miscellaneous/Incidental. Ms. Sjogren reminded the Council that they need to decide if a “New Business” and/or “Unfinished Business” section is necessary. Mayor Cook noted that the only real change he noticed to the template was that it included a Governance section. He would like to see that section added to the current agenda the City uses. He also suggested that the Unfinished Business and New Business sections remain on the agenda. Mayor Cook suggested that Governance become Item 11 on the current agenda, then Miscellaneous would become Item 12 and Adjourn would become Item 13. Gary Plotz noted that the definition of New Business should be established. Ms. Sjogren described an administrative tool that could be used to identify if a potential New Business item is a means or an ends issue, which would determine if the issue needs to be placed on the agenda. Mayor Cook would like the purpose statements to be included on the new agenda as well. The Governance section will have the subcategories identified as well. The ordinance that dictates the order of the agenda will need to be revised and considered at the next Council meeting. Ms. Sjogren worked through the following policies with the Council: Policy 3.2 – Accountability of the City Administrator was discussed. Marc has reviewed so that notation can be removed. Also, City Charter should be capitalized in 3.2.1. Policy 4.5 – Council Members’ Code of Conduct. Section 4.5.7 will be added, which reads Members will treat each other with respect…; 4.5.8 Members will try to keep…; 4.5.9 Shall expect that innovation…(see policies). Policy 4.8 – Governance Investment – 4.8.2: 4.8.2.1 - Gary Plotz noted that staff has suggested a minimum of $7000.00 for training, conferences and workshops. 4.8.2.2 – Staff is suggesting $5000.00 for surveys, focus groups, opinion analyses and meeting costs. 4.8.2.1 Council training. 4.8.2.2 for community input such as ……analyses, and meeting costs. Fiscal year 2009 will be inserted. Gary Plotz will speak to the League of Minnesota Cities to get a better idea of the costs for LMC-sponsored training. Policy 2.2 – Treatment of Staff: Mayor Cook suggested deleting Item 6 in blue. Mayor Cook suggested removing Items 3 and 4 in blue and replacing it with general language pertaining to nepotism in the hiring process (2.2.5). Item No. 5 in blue was removed. 2.2.6 was added (performance reviews). The following language was suggested by Ms. Sjogren instead of the items in blue under 2.2.6: New 2.2.7: Shall not fail to create a management culture that fosters continual individual and departmental improvement, personal accountability, employee input and team work. Item 6 in blue will remain. Items 7, 8, 9, 10 and 11 in blue were removed. The word “unsafe” will be inserted in the global statement at the beginning of the policy. These policies will be considered for approval at the next Council meeting. MISCELLANEOUS 11. Motion by Arndt, second by Haugen, to set October 16, 2008, at 7:00 p.m. at Event Center for South Fork Crow River Open House as a public meeting. Motion carried unanimously. Motion by Haugen, second by Arndt, to set October 30, 2008, at 7:00 p.m. for McLeod For Tomorrow meeting in the Commissioners’ Room at the McLeod County Courthouse. Motion carried unanimously. Gary Plotz – Mr. Plotz noted that some complaints have been received regarding political and other signs on the boulevard and at corners. Signs may be removed by city staff and can be retrieved by the owners. Kent Exner – Mr. Exner commented that Gopher Campfire is installing their new fence around the park. Staff is moving forward to see what the cost will be to make minor improvements to the roadway. Council 4 CITY COUNCIL MINUTES – OCTOBER 14, 2008 authorized up to $30,000 for roadway improvements to the roadway in front of Gopher Campfire sanctuary. These funds will be utilized from the community investment fund. The goal is to have the work completed yet this fall season. Motion by Haugen, second by Arndt, to authorize up to $30,000 for roadway improvements in front of Gopher Campfire sanctuary. Motion carried unanimously. Mr. Exner also noted that a few months back the Council authorized a traffic control Resolution authorizing installation of a bike lane on the north side of School Road. Upon further review, there are issues with the intersection of School Road/Golf Course Road with the bike lane termination. Because of this, staff is considering and requesting of Council to install a striped shoulder or a trail on School Road from California Street to Golf Course Road. This project will be considered with next year’s work. Mayor Cook – Mayor Cook informed the public that the City has an updated web site that has some very beneficial enhancements to the public. Mayor Cook also noted that he has suggested holding a youth summit in early 2009 to see what is important to the youth in the community. This summit could lead to the development of an ongoing group that could continually provide input to the city and the school district on important issues to them. Mayor Cook also asked Gary Plotz to check with the McLeod County Auditor on what sales were for their last valuation year to give the City an idea on what the numbers are. ADJOURN 12. Motion by Arndt, second by Haugen, to adjourn at 8:10 p.m. Motion carried unanimously. 5