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10-28-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 28, 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. – Due to the absence of Rev. Greg Nelson, Bethlehem United Methodist Church, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF OCTOBER 14, 2008 Mayor Steve Cook noted that in Item 10(b), the $50,000 earmarked for the 800 mHZ radio system should be coming from capital improvement fund instead of the budget as indicated. Motion by Arndt, second by Haugen, to approve the minutes with the correction noted above. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM SEPTEMBER 17, 2008 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 16, 2008 3. PLANNING COMMISSION MINUTES FROM SEPTEMBER 16, 2008 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2008 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2008 6. PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13488 – RESOLUTION CERTIFYING ASSESSMENTS 2. RESOLUTION NO. 13490 – RESOLUTION SETTING INTEREST RATE FOR 2008 ADOPTED ASSESSMENT ROLLS (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF REZONING OF 1285 HWY 7 WEST FROM R2 (MEDIUM DENSITY RESIDENTIAL ) TO C4 (FRINGE COMMERCIAL) REQUESTED BY CITIZENS BANK WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13489 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0513 FOR NOVEMBER 12, 2008) 2. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 153; SUBDIVISION CONTROL, TO AMEND SECTION 153.39 AND 153.50 TO UPDATE THE FINAL PLAT FILING CITY COUNCIL MINUTES – OCTOBER 28, 2008 REQUIREMENT SAND ADD AN APPLICATION FEE FOR FINAL PLATS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0514 FOR NOVEMBER 12, 2008) 3. CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO SPECIFY FENCE HEIGHT REQUIREMENTS AND CLARIFY EXISTING SECTION 154.118 WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0515 FOR NOVEMBER 12, 2008) 4. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 154.064, ADDING “OFFICES, BUSINESS AND PROFESSIONAL” AS A PERMITTED USE IN THE C4 ZONING DISTRICT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0516 FOR NOVEMBER 12, 2008) (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 7 – LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT FACILITY IMPROVEMENTS) (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(b)2 and 6(c)3 were pulled for separate discussion. Motion by Haugen, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)2 had further discussion. Gary Plotz, City Administrator, noted that the interest rate for assessment rolls is 5.5466% which is the true interest rat of the 2008 improvement bonds plus 1%. Motion by Stotts, second by Arndt, to approve Item 6(b)2. Motion carried unanimously. Item 6(c)3 had further discussion. Mayor Cook questioned if screening for decks and patios is covered under the fence ordinance. Rebecca Bowers, Planning/Zoning/Building Director, noted that screenings for decks and patios would not be covered under this fence ordinance as those regulations are covered in a separate area of the City code. Motion by Stotts, second by Arndt, to approve Item 6(c)3. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)DISCUSSION OF ENERGY CONSERVATION MEASURES AND GOALS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff gathered information from the various departments related to utilities and fuel consumption. John Paulsen, Environmental Specialist, put together a report comparing past energy usage amongst the departments for the past 2-3 years. Based upon the report, an equal 7% reduction from the City’s cumulative 2006 baseline by 2015 is the goal that is recommended by City directors for municipal operations. Staff will be conducting ongoing evaluations of conservation efforts to reach the goal. Other parameters to be used were suggested which staff will incorporate into their ongoing evaluations. Mayor Cook also suggested using geothermal opportunities for future projects. Rebecca Bowers will follow up with the company that conducted the energy audit of the City’s facilities. Motion by Stotts, second by Haugen, to approve municipal operations energy conservation goals with the stipulation that they will be approved annually. Motion carried unanimously. 2 CITY COUNCIL MINUTES – OCTOBER 28, 2008 (b)CONSIDERATION FOR APPROVAL OF ARCHITECTURAL/ENGINEERING DESIGN SERVICES AGREEMENT WITH TKDA & ASSOCIATES FOR AIRPORT HANGAR CONSTRUCTION John Olson, Public Works Manager, presented before the Council. Mr. Olson explained the proposed services being offered by TKDA which include project formulation, preliminary design, civil design, architectural/electrical/mechanical/structural design and optional hangar site design. The estimate for the site near the existing facility is quoted at $400,000 and an alternate site is estimated at $480,000. 70% of this will be paid for with federal funds. The City’s portion of the contract with TKDA is $3700.00. Staff will not proceed with the bidding process until the federal funds are secured. Motion by Stotts, second by Arndt, to approve architectural/engineering design services agreement with TKDA & Associates for airport hangar construction, which includes approving all of the proposed services excluding the optional hangar site. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF POLICY GOVERNANCE POLICIES AND ENDS PLUG Mayor Cook noted that these are the final policies for approval. Gary Plotz, City Administrator, noted that upon approval of these policies, they will all be placed in a governance binder with the sections separated out. Mr. Plotz also clarified that in Policy 2.3, Financial Condition and Activities, 2.3.1 does not include the enterprise funds. Mr. Plotz noted that Policy 2.4 does address enterprise funds budgeting. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that the Council does have the prerogative to approve an unbalanced budget by using fund balance. Mayor Cook noted that the Ends Plug is a place holder noting that until ends policies are developed the City will operate as it has been. Motion by Stotts, second by Haugen, to approve policy governance policies, end plug and waive first reading and set second reading and adoption of Ordinance No. 08-0517 for November 12, 2008. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08-0517 - AN ORDINANCE REVISING THE ORDER OF CITY COUNCIL AGENDA (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 12, 2008) Mayor Cook noted the following changes should be made to the proposed agenda: 7.Boardneeds to be changed to Council. 11. Governance – instead of itemizing (a) Monitoring Reports; (b) Policy Development; and (c) Governance Process under this item, these subcategories will be included within the purpose statement. See action above. (e) DISCUSSION OF CAPITAL PROJECTS FUND Mayor Cook noted that this item came up due to the earmarking of the $50,000 in 2009 for the mHz radio. Mayor Cook suggested pushing off the carpeting in City Center which is slated for $55,000 in 2009. Ken Merrill, Finance Director, explained that the $50,000 will not be used in 2009 for the radio system, however will build the fund for use of the funds in 2012 when the radio system will need to be purchased. Mr. Merrill also noted that the radio project would be eligible for capital bonding. Gary Plotz, City Administrator, noted that the city center carpeting could be moved out to a future year in the capital plan. Motion by Stotts, second by Haugen, to move capital fund dollars within 2009 (from City Center carpeting for MHz radio). Motion carried unanimously. 3 CITY COUNCIL MINUTES – OCTOBER 28, 2008 (f) CONSIDERATION FOR APPROVAL OF FIRST AMENDED COMMON INTEREST COMMUNITY PLAT AND DECLARATION AS RELATED TO ERICKSON’S DIVERSIFIED Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this item is a housekeeping issue related to the 2004 Liquor Hutch expansion. This action will amend the condominium plat where the liquor store is located and joined with EconoFoods. The plat notates the new boundaries of the liquor store and the parking lot changes. Motion by Stotts, second by Arndt, to approve First Amended Common Interest Community Plat and Declaration as related to Erickson’s Diversified/Liquor Hutch expansion. Motion carried unanimously. MISCELLANEOUS 11. Mayor Cook noted that he invited the co-chairs of the committee that is supporting the school reference for school facilities improvements. Ralph Johnson, co-chair, presented before the Council. Mr. Johnson explained the bond proposal that will be voted on at next week’s election. Mr. Johnson described the proposed building changes that will be considered by the voters. Jack Yates, co-chair, presented before the Council. Mr. Yates explained the necessities of the building improvements due to system inoperabilities. Marc Sebora – Mr. Sebora explained that the Council needs to set a date to canvass the election results next week. Motion by Stotts, second by Arndt, to set November 5, 2008, at 9:00 a.m. to canvass the city election results. Motion carried unanimously. Gary Plotz – Mr. Plotz noted that staff is suggesting that Council workshops be scheduled to continue discussions on the enterprise funds. Motion by Arndt, second by Haugen, to set Council workshops for November 12, 2008, and November 25, 2008, at 4:00 p.m. Kent Exner – Mr. Exner noted that Hwy 7 is scheduled to open on November 15, 2008. General discussion was held regarding roundabout driving etiquette and proper signage. Mayor Cook suggested that a formal request be made to MnDOT for earlier, larger signage to be installed, that may include naming conventions of the streets that spoke off of the roundabout. Mr. Exner will make that request to MnDOT officials. Mayor Cook – Mayor Cook noted that someone had inquired about additional signage or lighting at the th Hwy 22/5 Avenue intersection. Mr. Exner noted he will look into better signage and will speak with Hutchinson Utilities Commission about lighting. ADJOURN 12. Motion by Stotts, second by Haugen, to adjourn at 6:45 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 4