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07-14-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, JULY 14, 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. – Riverside Assembly of God Church – Pastor Randy Adams PLEDGE OF ALLEGIANCE 3. PRESENTATION OF HUTCHINSON PUBLIC SAFETY AWARD TO JOE SCHULTE, JEFF SHUFELT, JAY LANDREVILLE AND PAUL PHILLIPS PUBLIC COMMENTS 4. None MINUTES 5. (a)REGULARMEETING OF JUNE 23, 2009 Motion by Haugen, second by Arndt, 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. FIRE DEPARTMENT MONTHLY REPORT FROM JUNE 2009 2.HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 27, 2009 3.RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JULY 7, 2009 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13594 - AUTHORIZING PURCHASE OF BAG FILM FOR THE CITY OF HUTCHINSON CREEKSIDE SOILS (c) CONSIDERATION FOR APPROVAL OF TATTOO LICENSE FOR RICHARD VERRI (d)CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH ISD #423 (e)CONSIDERATION OF CHANGE ORDER NO. 2 – LETTING NO.3/PROJECT NO. 09-03 – PAVEMENT MANAGEMENT PROGRAM PHASE 1 (f)CONSIDERATION OF WETLAND MITIGATION AREA RESTRICTIVE COVENANT (LETTING NO. 2/PROJECT 08-02A) (g)CONSIDERATION FOR APPROVAL OF ON-SALE SHORT TERM 3.2 MALT LIQUOR LICENSE FOR CITY COUNCIL MINUTES –JULY 14, 2009 THE MCLEOD COUNTY AGRICULTURAL ASSOCIATION ON AUGUST 19 – 23, 2009 (h)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA FALL FESTIVAL ON SEPTEMBER 13, 2009, AT ST. ANASTASIA CHURCH (i)BOARD APPOINTMENTS/REAPPOINTMENTS -APPOINTMENT OF DAVE JOHNSTON TO PLANNING COMMISSION TO FILL TERM VACATED BY LYNN OTTESON TO MARCH, 2011 (j) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(e) and 6(f) were pulled for separate discussion. Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(e) had further discussion. City Engineer Exner commented on the scope of the change order. Discussion followed of change orders under $100,000. Atty. Sebora stated the request is in compliance. Motion by Haugen, second by Mayor Cook to approve item 6(e). Motion carried unanimously Item 6(f) Mr. Yost questioned the cost impact to the City. Mr. Exner commented on the Wetland Conservation Act. He explained the previous wetland mitigation. There will be a covenant attached to the deed to the property so this area remains a wetland in the future. Discussion followed on the cost to maintain the pond. Motion by Yost, second by Arndt to approve item 6(f). Motion carried unanimously. PRESENTATION BY MR. TIM FLAHERTY, COLALITION OF MN CITIES Tim Flaherty, Coalition of MN Cities, reported on the 2009 Legislative Session and gave a presentation on LGA and allotment covered. He commented on the strategy developed by the Coalition regarding the high priority LGA is to Cities. He explained the importance of the City budgeting process. He noted the Cities are not out of risk for the next two years. The Coalition is working toward equality for Cities across the State. PUBLIC HEARINGS – 6:00 P.M. 7. None 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. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE & SUNDAY LIQUOR LICENSE TO TIMOTHY MENK LOCATED AT 101 PARK PLACE Atty. Mark Carrigan, representing Mr. Menk, applicant for the liquor license, commented on his review of the request. He stated they would like to correct the mistakes in the application. He commented on the references and asked if the Council would accept a revised application and review new references along with a summary. Atty. Carrigan stated Mr. Menk would like to table the request to the July 28, 2009,City Council meeting. Mayor Cook commented on the previous references and stated he is uncomfortable with a new application. Chief Hatten commented on his concerns with changing the application and would recommend action on the existing application. Atty. Sebora informed the Council they are not obligated to accept another application. The Law requires the Council to act on the application presented. Discussion followed on allowing someone to reapply. A new application would require another fee. Chief Hatten explained the investigation process. Mr. Menk explained the application and his inexperience in completing applications. Discussion followed on the responsibility of owning an establishment serving liquor. Mr. Menk asked if there would be an option to apply for a short term provisional license. There was discussion and concern with this option. Motion by Arndt, second by Mayor Cook to deny the liquor license requested. 2 CITY COUNCIL MINUTES –JULY 14, 2009 Mr. Yost stated serving liquor is a privilege and must be taken seriously it is a responsibility. Motion carried unanimously to deny the request. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13595 - ISSUING REFINANCING BONDS Finance Director, Jeremy Carter introduced Steve Apfelbacher, of Ehlers. Mr. Apfelbacher explained the process to refinance the Hospital bonds and presented a plaque to the City for upgrading the City rating. He commented on the money saved in interest. He stated Wells Fargo Brokerage was appointed to handle the bond. Motion by Yost, second by Mayor Cook to approve Resolution 13595 to issue the refinancing bonds. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF SETTING BUDGET WORKSHOP AND AUDIT REVIEW WORKSHOP Administrator Gary Plotz reported on several workshops to be set by the Council. A budget workshop for thth July 28 possibly at 3:30 p.m. He stated there is a water and sewer rate workshop set for August 11. The Audit review could be a separate meeting on September 8th. The second budget workshop could be th scheduled August 25 at 4:00 p.m. Motion by Yost, second by Czmowski to set budget workshop on July 28, 2009 at 3:30 p.m. Motion carried unanimously. Motion by Czmowski, second by Haugen to set the audit review September 8, 2009, at 4:00 p.m. Motion carried unanimously. Motion by Haugen, second by Mayor Cook to set second budget workshop on August 25, 2009, at 4:00 p.m. Motion carried unanimously. (c)PRESENTATION BY AMERESCO ON PERFORMANCE CONTRACTING AND APPROVAL OF AGREEMENT OF PARTNERSHIP John Paulson, City Environmental Specialist, explained the need for contracting with the independent company to assess energy saving performance for the City. He introduced Mike Zukowski and Mike Piper representatives of Ameresco. Mr. Piper gave an overview of the company, growth of the company and insight on the agreement of partnership. He commented on the goal of working with the City to reduce energy use and environment of the buildings. He stated there are both financial and physical benefits. The savings would allow the City to re-direct capital to other services. Mr. Piper commented on key advantages to Ameresco’s approach and implementation. He explained the timeline phases, partnership and the cost. There was discussion of renewable energy possibilities which could be explored by the company. Discussion also followed on the possibility of a savings by a joint venture with the hospital and schools. Motion by Czmowski, second by Yost to approve the initial agreement. Motion carried unanimously. (d)DISCUSSION OF POTENTIAL LES KOUBA PARKWAY IMPROVEMENTS PROJECT City Engineer Exner explained the discussions to date with several persons and entities regarding Les Kouba Parkway. He presented an updated drawing of an alternative at the Council workshop and commented on the revised cost of approximately $300,000. He explained with the funding sources available the project would cost the City $200,000. Mayor Cook commented on the need for the road and trail and the input from public. There was discussion on closing the road to the East. Mr. Czmowski stated he likes the plan for the connection to the trails. Discussion followed on the access of the roads and trails. Mr. Exner stated the Luce line trail will remain in place. Mr. Arndt reminded staff to keep the trail connection. Discussion followed on the cost of the project and the constraint on the finances of the City. Mr. Exner reported the City has been teaming together with the Gopher Campfire group. There was discussion regarding signage on the Hwy. Mr. Exner explained that approval for signage on the Hwy must be approved by MNDOT. He explained the difficulty of screening along the Hutchinson Manufacturing property. There is no room on the City property for a berm. He reported Hutchinson Manufacturing has indicated they will install a fence along the property line. The City could add plantings along the fence. He requested to schedule a public 3 CITY COUNCIL MINUTES –JULY 14, 2009 hearing at the July 28, 2009, City Council meeting. Mr. Skip Quade, Gopher Campfire Club, commented on the Gopher Campfire Club funding benches along the sanctuary. Mr. Sheldon Nies commended the council for looking at this project. Motion by Arndt, second by Haugen to set a public hearing and proceed with the project. Motion carried unanimously. (e)SET PUBLIC MEETING FOR JULY 28, 2009, COMMUNITY MEETING WITH SENATOR AL FRANKEN STAFF IN THE COUNCIL CHAMBERS FROM 1:00 P.M. – 3:00 P.M. Ms. Bowers explained this will be an informal discussion with Mr. Franken’s staff to listen to issues expressed by the community. Motion by Czmowski, second by Yost to set the public meeting. Motion carried unanimously. (f)CLOSED SESSION UNDER THE ATTORNEY CLIENT PRIVILEGE TO DISCUSS ON-GOING LITIGATION INVOLVING REAL PROPERTY OWNED BY HAZEL M. SITZ AND THE DONALD F. SITZ DISCLAIMER TRUST A motion was made by Arndt, second by Yost to go into closed session under the attorney client privilege regarding ongoing litigation involving Hazel M. Sitz and the Donald F. Sitz disclaimer trust. The motion carried unanimously. The Council then moved back into open session where upon a motion was made by Arndt, second by Czmowski to accept a full and final settlement offer made by Hazel Sitz and the estate of her husband in the amount of $12,500 with Mayor Steve Cook and City Administrator Gary Plotz being directed to sign all documents needed to complete the settlement. Motion carried unanimously. 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) CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2009 (b)CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2009 (c)LIQUOR HUTCH FINANCIAL REPORT FOR JUNE 2009 (d)PRESENTATION OF 2008 ANNUAL REPORT AND 2009 HOUSING PLAN – HRA Jean Ward, HRA Executive Director, presented before the Council. She explained the new MN Law for persons to apply for a postponement of foreclosure sale. She commented on the following item in the 2008 Year End Report: 1. Improvement of Park Towers to renovate apartments and lobbies. The renovation is now complete. 2. She commented on the Rehab projects and the proposed area on the N.E. corner of the City. They also Administer the MHFA program and Fix Up Fund Home Improvements. 3. She explained their involvement in the First time home buyer program 4. School construction Program Ms. Ward commented on the Proposed 2009 Hutchinson Housing Plan and presented the housing plan list for homeowners. She explained the future actions and approvals by the City Council. MISCELLANEOUS 12. Mr. Yost reported a resident asked if the City would consider making one sided parking on narrow roads such as Juul Rd. Mr. Exner explained they have considered it but are leaving it alone for now. He stated there are concerns with the winter months. There are safety issues with parking on the streets no matter how wide. 4 CITY COUNCIL MINUTES –JULY 14, 2009 Mayor Cook inquired about collecting a small monthly fee for tree replacement when needed due to the emerald ash borer. Mayor Cook noted concerns with not watering new trees and grass. Mr. Arndt suggested a partnership with the Fair Board to use their water truck. ADJOURN 13. Motion by Arndt, second by Yost, to adjourn at 8:20 p.m. Motion carried unanimously. 5