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03-10-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, MARCH 10, 2009 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Jim Haugen, Eric Yost and Chad Czmowski. Absent: Bill Arndt Others present were Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Brian Broz, Congregational UCC Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTSNONE 4. - MINUTES 5. (a)REGULARMEETING OF FEBRUARY 24, 2009 Motion by Yost , second by Haugen , to approve the minutes as presented. 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. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 2, 2009 2. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2009 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13539 - RESOLUTION OF SUPPORT FOR TRUNK HIGHWAY 15 COALITION ACTIVITIES 2. ORDINANCE NO. 09-0522 – AN ORDINANCE APPROVING THE ANNEXATION AND SKETCH PLAN FOR THE 68-ACRE HACKBARTH PROPERTY, LOCATED NORTH OF WARRIOR MANUFACTURING AND SOUTH OF LUCE LINE TRAIL, REQUESTED BY THE HACKBARTHS AND HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 2 – LETTING NO. 4, PROJECT NO. 08-04 (2008 PAVEMENT MANAGEMENT PROGRAM PHASE 1) (d) CONSIDERATION FOR APPROVAL OF ITEMS FOR PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT (LETTING NO. 4, PROJECT NO. 09-04) – ORDERING PREPARATION OF REPORT ON IMPROVEMENT, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 18, 2009, AT MCLEOD COUNTY FAIRGROUNDS (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6 (c) and 6 (d) were pulled for separate discussion. CITY COUNCIL MINUTES–MARCH 10, 2009 Motion by Haugen, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6 (c) had further discussion. Council Member Yost questioned the School Road section which already needs repair. Kent Exner, City Engineer, commented on the history of the previous work done on School Road in preparation for the detour when the Hwy 15 round-about was being constructed. Motion by Czmowski, second by Yost, to approve Item 6(c). Motion carried unanimously. Item 6 (d) had further discussion. Council Member Yost asked if the trail was included. Kent Exner stated the trail has been removed with Phase I. Mr. Exner clarified the project. This is the second Phase with no trails or sidewalks. There was discussion on estimating the cost of projects. Motion by Haugen, second by Czmowski, to approve Item 6(d). 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) UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a) DISCUSSION OF ENERGY PARK IMPROVEMENTS PHASE 1 FUND Miles Seppelt, EDA Executive Director, presented before the Council. City Council direction, at the th February 24 workshop, was to review funding alternatives for the Energy Park improvements Phase 1 project funding. He explained the estimated cost is $1,895,200 and commented on the new industrial park and the infrastructure costs. He commented on the possibility of funding from the City and the amount left for assessments to the properties and explained the G.O. Bonding by the City past and present for cost of developing the new industrial park. There are grant applications from the State and Federal EDA Grants. Mr. Seppelt reported on the timeline of the project. Discussion followed on the plan for funding and that the City may not need G.O. Bonding. Kent Exner, City Engineer, commented on the estimated amount of the project. The dates must be met to satisfy Federal requirements Motion by Czmowski, second by Haugen, to approve the proposal. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF APPLYING FOR COMMUNITY ORIENTED POLICING SERVICES GRANT Dan Hatten, Chief of Police, presented before the Council. He explained the request is for authorization to apply for funding under the COPS Hiring Recovery Program (CHRP). The COPS office will receive funds from the American Recovery and Reinvestment Act of 2009. Chief Hatten reported there is no local match requirement for CHRP, but grant funding will be based on current entry-level salary and benefits packages. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3 years scheduled to be laid off on a future date, as a result of local budget cuts. At the conclusion of the federal funding, all grantees must retain all sworn officer positions awarded under the CHRP grant for one year. There was discussion regarding the funding for adding staff or maintaining. Chief Hatten stated it would be used for maintaining service levels in the community. He stated there is a 4– 6 week deadline process with a strict timeline for these applications. Mayor Cook requested the City Administrator approve the scope of what the funding is for as not to impact future city budgets. Chief Hatten stated Finance will also be included in the discussions. 2 CITY COUNCIL MINUTES–MARCH 10, 2009 Motion by Czmowski, second by Yost, to approve application for the Community Oriented Policing Services Grant. Motion carried unanimously. (c)CONSIDERATION OF ORDINANCE NO. 09-0524 - AN ORDINANCE REVISING SECTION 31.20 – ORGANIZATION AND APPOINTMENT (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 24, 2009) Mayor Cook commented on the revisions to acknowledge the term limits on Boards and Commissions to make the ordinance more understandable. He explained the revisions answer some questions on term limits. Discussion followed on the importance of longevity on some of the boards. Council Czmowski had concerns with the term limit. Mayor Cook stated it provides a break and also gives others the opportunity to serve. The Utilties Commission has the same language. Motion by Haugen , second by Czmowski , to waive first reading and set second reading and adoption of Ordinance No. 09-0524 for March 24, 2009. Discussion followed regarding concerns with the EDA exception. There was a roll call vote. Haugen, aye; Yost, nay; Czmowski, aye; and Mayor, nay. Motion th failed. Motion by Haugen to reconsider at the April 14 meeting with full Council, second by Czmowski. The motion carried unanimously. (d) DISCUSSION OF AMENDING THE ALTERNATIVE LANDSCAPE PROVISIONS WITH THE ADDITION OF A PROPOSED MANAGED MINIMUM MAINTENANCE LANDSCAPE ALTERNATIVE John Olson, Public Works Manager, presented before the Council. He explained that for several years the City has allowed property owners to develop alternative landscapes, based on City policy that further clarifies Section 92.35 ff. This program has been successful in many areas of the City. In an effort to further identify potential cost-saving measures, Public Works staff has prepared a draft amendment to existing alternative landscape policy provisions that would allow for managed areas where minimum maintenance of vegetation is allowed to take place without requiring native vegetation to be planted. The idea behind these managed areas would be that they be large, neatly segregated areas where mowing is not done routinely, thereby reducing ongoing maintenance costs. Under this proposal, managed minimum maintenance would be available to all property owners. Mr. Olson reported he has worked with the planning staff to address any concerns and there were no significant issues identified with allowing managed minimum maintenance areas within the City. Mr. Olson commented on the present weed notice process. This would also have a process. City Staff knows where the present alternative landscape is located. The existing weed inspections will be in place for the rest of the City. There will be an application process. Discussion followed on what lots would qualify. Mr. Olson stated staff envisions large City areas between City buildings is the intent. There may be a large number of lots that are undeveloped that would also benefit. There was discussion on the 2500 sq. ft. Mr. Olson explained no residential lots would qualify at 2500 sq. ft. There will be extra inspections for complying with the ordinance. A fee will be collected for this application. The area must be approved by the City and registered. There will be additional time and effort on the weed inspector. Discussion followed on the vacant homes in the City. Marc Sebora, City Attorney, stated those would not qualify. Gus Zeimer, 1282 Sunburst Way, questioned the requirement of the lot size not large enough. He is concerned with allowing the weeds to grow on residential lots. He stated weeds impact the other neighboring properties. He added the City should not allow weeds to grow in the City or trash to build up on lots. Mayor Cook commented on the issue of dumping concrete on a lot. Mr. Olson stated it is reasonable to increase lot size and limit to large areas. Mayor Cook suggested not to allow on residential lots. Mr. Olson explained there would be cost savings to the City to allow minimum maintenance on large City owned areas. 3 CITY COUNCIL MINUTES–MARCH 10, 2009 Discussion followed on creating pilot studies over the summer. John Olson suggested studies at the Airport, HATS, Wastewater and one development area. 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.) a) LIQUOR HUTCH FINANCIAL REPORT FOR FEBRUARY 2009 No action required. MISCELLANEOUS 12. Mayor Cook stated the Policy Governance contract ends in March. He would like to look at a meeting before the ththth contract ends and suggests Saturday, March 28or Sunday, March 29 . First choice is Sunday, March 29. After discussion, the Council members will check calendars and set a date later. Mayor Cook commented on the availability of applications for public positions on various boards and commissions. ADJOURN 13. Motion by Yost, second by Mayor Cook, to adjourn at 6:48 p.m. Motion carried unanimously. 4