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01-13-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 13, 2009 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Jim Haugen, Bill Arndt, Eric Yost and Chad Czmowski. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Kevin Oster, Our Savior’s Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. Previous Council Members, Casey Stotts and Kay Peterson, were recognized for their years of service to the City. Stott’s and Peterson’s terms expired in 2008. PUBLIC COMMENTS 4. Mayor Cook noted that there are representatives from the Hutchinson Health Care Board. An appointment was made at the organizational meeting whereby Eric Yost was appointed to the Board. In a review of the Bylaws, it was reminded that there is a formal process to follow in making a board appointment. Representatives will make a presentation at the next Council meeting. Yost’s appointment to the Hutchinson Health Care Board will be tabled until the formal process has been followed. MINUTES 5. (a)REGULARMEETING OF DECEMBER 23, 2008 (b) ORGANIZATIONAL MEETING OF JANUARY 2, 2009 Motion by Haugen, second by Yost, to approve the minutes as presented. It was noted that Ken Merrill’s retirement party was held at the VFW and not the American Legion. Motion carried unanimously. Motion by Arndt, second by Cook, to table appointment to Hutchinson Health Care Board that was considered at the January 2, 2009, organizational meeting. Motion carried unanimously. CONSENT AGENDA 6. (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. MOTOR VEHICLE DEPARTMENT MONTHLY SUMMARY FOR NOVEMBER 2008 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 27, 2008 3. FIRE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13523 - RESOLUTION AUTHORIZING BUSINESS DEVELOPMENT INFRASTRUCTURE GRANT APPLICATION 2. RESOLUTION NO. 13524 – RESOLUTION AMENDING 2009 FEE SCHEDULE 3. RESOLUTION NO. 13525 – RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES CITY COUNCIL MINUTES – JANUARY 13, 2009 (c) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON DECEMBER 23, 2008 (d) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH SKY VIEW DAIRY (e) CONSIDERATION FOR APPROVAL OF BOARD APPOINTMENTS/REAPPOINTMENTS - CRAIG LENZ TO THE HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2013 - SCOTT SCHOLL AND MARY CHRISTENSEN TO THE PARKS/RECREATION/COMMUNITY EDUCATION BOARD TO AUGUST 2011 - PHYLLIS BIRKHOLZ AND RANDY BULLERT TO THE SENIOR ADVISORY BOARD TO JANUARY 2012 (f) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE (g) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2009 PAVEMENT MANAGEMENT PROGRAM PHASE 1 (LETTING NO. 3, PROJECT NO. 09-03) (h) CONSIDERATION FOR APPROVAL OF MOSQUITO MANAGEMENT CONTRACT WITH CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT INC. (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR THE HUTCHINSON ROTARY FOUNDATION ON APRIL 24, 2009 (j) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR THE MINNESOTA DEER HUNTER’S ASSOCIATION ON APRIL 4, 2009 (k) CONSIDERATION FOR APPROVAL OF REQUEST FOR PROPOSALS FOR ACTUARIAL FOR GASB STATEMENT 45 (l) CONSIDERATION FOR APPROVAL OF PURCHASING ATM MACHINE FOR CITY CENTER LOBBY (m) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1, 6(b)2, 6(e), 6(h) and 6(k) were pulled for separate action. Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)1 had further discussion. Council Member Yost questioned the $1.5 million match required by the City. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted that this requirement is being met with the purchase of land and infrastructure program in the spring. Motion by Yost, second by Czmowski, to approve Item 6(b)1. Motion carried unanimously. Item 6(b)2 had further discussion. Council Member Yost noted that many people are facing heavy burdens in the near future. Therefore, he questioned the sewer and water availability charges of more than 3% inflationary increases. Kent Exner, City Engineer, noted that the City of Glencoe did a recent survey which showed that Hutchinson is on the low end of availability charges compared to other surrounding cities. Mayor Cook noted that these increases are necessary to cover the City’s costs. Council Member Yost noted his concerns over these increased fees to those facing economic hardship in our city. Mayor Cook stated other options can be researched to see what might be available. It was suggested that this item be tabled to allow staff to conduct a brief survey of other cities’ comparing the 2009 rates. 2 CITY COUNCIL MINUTES – JANUARY 13, 2009 Motion by Haugen, second by Cook, to table this item to the January 27, 2009, City Council meeting. Motion carried unanimously. Item 6(e) had further discussion. Council Member Czmowski suggested that John Rodeberg be appointed to the Parks, Recreation, Community Education Board since he had shown interest and has previous experience working with the city. Mayor Cook noted that the Chamber Leadership program has established a Parks Leadership Group and he had thought that would be a good source. Council Member Arndt also questioned if there was a residency requirement of board members to reside within city limits. Motion by Arndt, second by Czmowski, to table this item to the January 27, 2009, City Council meeting. Motion carried unanimously. Item 6(h) had further discussion. Gary Plotz noted that another firm has shown interest in providing a proposal for the City’s consideration. He asked that this item be tabled to allow staff time to review the proposal. Motion by Arndt, second by Yost, to table this item to the January 27, 2009, City Council meeting. Motion carried unanimously. Item 6(k) had further discussion. Council Member Haugen asked if there is an estimate on the cost of these services. Jeremy Carter, Finance Director, noted that the figure that he has seen is $5,000 for three years. The statement is good for a three-year term. Mr. Carter explained the purpose of GASB 45. This statement explains a City’s liability on the subsidized premiums provided to retirees. Motion by Haugen, second by Yost, to approve Item 6(k). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) PRESENTATION ON FORECLOSURE PREVENTION – HEARTLAND COMMUNITY ACTION AGENCY Rhonda Otteson, Heartland Community Action, presented before the Council. Ms. Otteson provided an overview of the foreclosure prevention program offered by Heartland Community Action Agency. UNFINISHED BUSINESS 9. (a) DISCUSSION/UPDATE ON VACANT HOUSING ORDINANCE Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that due to the larger number of foreclosures and abandoned homes, an ordinance is necessary to handle enforcement issues. Two examples of ordinances from other cities were provided for the council members to review. Council Member Haugen noted concerns about the City’s liability should they secure an abandoned property. Mayor Cook suggested having a checklist completed as part of a registration process prior to the city securing a property. Ms. Bowers requested guidance from the Council on the overall scope of the program (i.e. registration, security, etc.). It was suggested to hold a workshop in February to review this project. Mayor Cook also suggested contacting real estate agents and/or bankers. Council Member Haugen suggested discussing a nuisance housing ordinance at a workshop as well. (b) DESIGNATION OF COUNCIL REPRESENTATIVESTO HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION BOARD (EDA) Mayor Cook noted that this item was tabled from the City’s organizational meeting held on January 2, 2009. Mayor Cook noted that he has spoken to three of the EDA Board members and they reiterated points made in the memo provided in the packet from the EDA Board. However, the members also noted that they respect the mayor’s considerations and having him appointed to the Board would be okay too. Mayor Cook 3 CITY COUNCIL MINUTES – JANUARY 13, 2009 noted that he would like to remain with the nomination of appointing himself and Jim Haugen to serve on the EDA Board. Council Member Haugen noted that he was at the EDA Board meeting at which they discussed this appointment. The EDA Board voted unanimously to appoint Chad Czmowski instead of Steve Cook. Motion by Haugen, second by Arndt, to deny appointing Mayor Cook to the EDA Board. Council Member Arndt noted that the Council should consider the EDA Board’s recommendation. Council Member Yost noted that he feels there is currently sound professional experience on the EDA Board and the mayor could offer new ideas to the EDA Board. Council Member Czmowski noted that the EDA Board was the board that he felt he could serve the most strongly on. Council Member Haugen referred to Hutchinson Health Care’s sound process in making recommendations for appointments. He further noted that the EDA Board has put forth a recommendation and the Council should respect that. Roll call vote was taken: Haugen – aye; Arndt – aye; Yost – nay; Czmowski – aye; Cook – nay. Motion carried 3 to 2. NEW BUSINESS 10. (a) DISCUSSION OF NUISANCE HOUSING ORDINANCE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that when the rental registration ordinance was put into place, discussion was held regarding nuisance properties. Due to increased complaints on disorderly or nuisance properties within the City, Mr. Sebora prepared a draft ordinance for the Council to review. The ordinance calls for a relatively short time frame for the City to abate nuisances on its own – 10 days if no owner response and 45 days if the owner requests a hearing. In addition, the ordinance would allow for the City to have the ability to charge the property owner for repeated nuisance calls. Police Chief Dan Hatten presented before the Council. Chief Hatten explained the police department’s response to current calls and their activities with property owners/landowners. Motion by Arndt, second by Cook, to set Council workshop for February 24, 2009, at 4:00 p.m. to review a nuisance housing ordinance and vacant/abandoned housing ordinance. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AUTHORIZATION TO AMEND 2009 BUDGET(S) TO FUND ASSISTANT FINANCE DIRECTOR POSITION FROM THE 2009 ENTERPRISE FUNDS OF CREEKSIDE/WATER/SEWER/REFUSE/LIQUOR Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that the Assistant Finance Director position has been in place for the last couple of years. The necessity of the position is apparent with the enterprise funds and high strides have been made in the enterprise funds due to the position’s concentration in these areas. Staff is proposing to fund the position directly from the five enterprise funds as opposed to the general fund, which will be seeing restrictions due to the state funding situation. The enterprise funds that are being identified to fund the position are the funds of Creekside, water, sewer, refuse and liquor. Council Member Yost noted that he has met with managers from Creekside and the liquor store and they are much in favor of funding the position. Council Member Yost suggested splitting the cost appropriately in 2009 and not wait until 2010. Council Member Arndt noted that he hopes the person who fills the position will reside within the City of Hutchinson. Motion by Yost, second by Czmowski, to approve authorization to amend the 2009 budget(s) to fund Assistant Finance Director position from the 2009 enterprise funds. Motion carried unanimously. (c) CONSIDERATION OF FILLING VACANCY ON THE MCLEOD COUNTY SOLID WASTE ADVISORY BOARD Mayor Cook recommended appointing Bill Arndt to the McLeod County Solid Waste Advisory Board. 4 CITY COUNCIL MINUTES – JANUARY 13, 2009 Motion by Czmowski, second by Cook, to ratify Mayor Cook’s appointment of Bill Arndt to serve on the McLeod County Solid Waste Advisory Board. Motion carried unanimously. (d) DISCUSSION OF COALITION OF GREATER MINNESOTA CITIES MEMBERSHIP – MAYOR COOK Mayor Cook reminded the Council that in 2008 the Council had denied renewing membership to the Coalition of Greater Minnesota Cities. Mayor Cook asked of the Council if they would like to reconsider that since the membership renewal comes due in February. Mayor Cook provided literature from the Coalition outlining the advantages and successes of being members of the Coalition of Greater Minnesota Cities. Council Member Haugen voiced contradictions related to the City’s goals. Council Member Arndt voiced that respect should be paid to the previous Council who voted not to renew membership. He also voiced the positives of having a good lobbyist. Council Member Yost voiced that it may not set a good precedence to staff when the Council is requesting that cuts be made yet funds are being spent on Council’s projects. Council Member Czmowski noted that the City should tighten their spending belts as well since it is being requested of staff to do so. Mayor Cook stressed the importance of having representation from lobbyists to move their issues forward. Mayor Cook also noted that all Council Members could be very active with the Coalition. This item will be considered at the next Council meeting. GOVERNANCE 11. (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) MISCELLANEOUS 12. Marc Sebora – Mr. Sebora provided an Amendment to the Subdivision Agreement for the Southwind Second Addition. This amendment would allow a portion of the property to be released from the subdivision agreement. Hutchinson Health Care is purchasing a portion of this property and would like to close on it on January 15, 2009. Motion by Arndt, second by Haugen, to approve Amendment to the Subdivision Agreement for the Southwind Second Addition. Motion carried unanimously. Eric Yost – Mr. Yost acknowledged that 950 people were laid off at Hutchinson Technology Inc. He acknowledged their contribution to the company and the community and the impact the losses will have on the City. Gary Plotz – Mr. Plotz reminded the Council of the January 27, 2009, Council workshop to discuss budget issues. He also reminded the Council of the joint meeting with Hutchinson Utilities Commission on January 29, 2009, at 4:00 p.m. at the Event Center. Motion by Yost, second by Cook, to set Council workshop for February 10, 2009, at 4:00 p.m. to discuss industrial park development. Motion carried unanimously. It was noted that a joint meeting with the County Commissioners and the School Board should be held in the near future. Mayor Cook – Mayor Cook noted that the McLeod For Tomorrow Leadership group will be in Hutchinson on January 22, 2009, at the Event Center at 12noon and the City Council has an open invitation to attend. Motion by Arndt, second by Haugen, to set January 22, 2009, at 12noon to attend the McLeod For Tomorrow Leadership session at the Event Center. st Mayor Cook passed on questions he had received regarding snow removal – 1 Avenue/Cedar Street. Snow st is piled up at Cedar Street from 1 Avenue and not cleared out. Another area that is not being maintained is 5 CITY COUNCIL MINUTES – JANUARY 13, 2009 the trail on South Grade Road. Council Member Arndt questioned maintenance of the trail on Edmonton Avenue. He expressed that the priorities of snow removal on the trails needs to be revisited. General discussion was held regarding potential hazards at the Rocket Hill sledding hill. The City Administrator will follow up with the Parks Director on this issue. Council Member Arndt suggested the Council Members hold individual “town hall” meetings throughout the city to hear issues from the people. The Council seemed to think that was a good idea and the city administrator could do some coordination to get those set up. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 8:00 p.m. Motion carried unanimously. 6