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08-25-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 25, 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. Karl Kruse, Christ the King Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Mayor Cook noted the funeral arrangements for former Council Member Kay Peterson whom passed away August 20, 2009. MINUTES 5. (a)REGULARMEETING OF AUGUST 11, 2009 Motion by Arndt, 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 (b) RESOLUTIONS AND ORDINANCES (c)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF PRELIMINARY ONE LOT PLAT OF PARK TOWERS ADDITION AND VACATION OF A PORTION OF GLEN STREET SW AS REQUESTED BY THE HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13608 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 09-0533 FOR SEPTEMBER 8, 2009) 2.CONSIDERATION OF LOT SPLIT OF 8.63 ACRES FROM HUTCHINSON TECHNOLOGY INCORPORATED PROPERTY LOCATED AT 45 WEST HIGHLAND PARK DRIVE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13609) (d)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON OCTOBER 24, 2009 (e)CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSES FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 13, 2009, AND OCTOBER 24, 2009 (f)CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE AND DANCE PERMIT FOR HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION ON SEPTEMBER 12, 2009 (g)CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR VOITURE LOCALE 414, 40 & 8 ON NOVEMBER 24, 2009, AT AMERICAN LEGION POST 96 (h)CONSIDERATION FOR APPROVAL OF TOBACCO LICENSE FOR OMAR WAZWAZ LOCATED AT 1310 HIGHWAY 15 SOUTH #107 (i)CONSIDERATION FOR APPROVAL OF SETTING DATE AND FORMAT FOR ANNUAL CITY RECOGNITION EVENT CITY COUNCIL MINUTES –AUGUST 25, 2009 (j)CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 2 - LETTING NO. 3, PROJECT NO. 09-03 (2009 PAVEMENT MANAGEMENT PROGRAM PHSE 1) (k)CONSIDERATION FOR APPROVAL OF ACCEPTING BID AND AWARDING CONTRACT FOR LES KOUBA PARKWAY NW IMPROVEMENTS (LETTING NO. 11, PROJECT NO. 09-12) (l) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(h) and 6(k) were pulled for separate action. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(h) had further discussion. Mayor Cook noted that it appears that the background investigation has yet to be completed and therefore this item should be tabled. Mayor Cook also suggested perhaps tobacco licenses should be treated like liquor licenses where a percentage of tobacco sales to other products is a requirement. Attorney Sebora noted that state law allows cities to be more restrictive in tobacco ordinances. If the Council wishes to go in this direction, he will conduct more research to see if it is feasible. Council Member Czmowski noted that he would not support such an ordinance and isn’t necessarily against a smoke shop business such as the proposed. Motion by Arndt, second Haugen, to table Item 6(h) to September 8, 2009, to allow time for the background investigation to be completed. Motion carried unanimously. Item 6(k) had further discussion. Kent Exner, City Engineer, noted that the low bidder, R&R Excavating, came in at $182,000, which was substantially lower than the estimate. Barring approval, work should begin very soon. Motion by Arndt, second by Czmowski, to approve Item 6(k) had further discussion. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 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 BY HEARTLAND COMMUNITY ACTION ON WEATHERIZATION FUNDS Lori Raiber and Jude Deming, Heartland Community Action, presented before the Council. Ms. Raiber and Ms. Deming provided a presentation on the Minnesota Weatherization Assistance Program. This program is an energy conservation improvement program. The goal of the program is to reduce home energy costs to eligible households by improving the energy efficiency of their homes while ensuring their health and safety. Approximately 100 households hope to be weatherized in McLeod County over the next year. UNFINISHED BUSINESS 9. NEW BUSINESS 10. (a)CONSIDERATION OF ORDINANCE NO. 09-0521 – AN ORDINANCE PROHIBITING PUBLIC CONDUCT AND PROPERTY CONDITION NUISANCES (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 8, 2009) Marc Sebora, City Attorney, noted that the proposed ordinance implements changes that were suggested by the Council in early August. Motion by Arndt, second by Yost, to waive first reading and set second reading and adoption of Ordinance 2 CITY COUNCIL MINUTES –AUGUST 25, 2009 No. 09-0521 for September 8, 2009. Motion carried unanimously. (b)DISCUSSION OF TOBACCO-FREE PARKS POLICY Mayor Cook noted that this item is a follow-up from a presentation given earlier this summer by youth working towards a policy on tobacco-free parks in Hutchinson. Mayor Cook noted that there are currently approximately 112 tobacco-free parks policies throughout the state. If the Council is interested, Mayor Cook suggested directing staff to draft a tobacco-free parks policy and bring it back for the Council’s consideration. Mayor Cook suggested excluding camp grounds, however instituting the policy upon all city parks and Library Square. Council Member Czmowski noted that the PRCE Board had discussed possibly applying the policy to youth-oriented parks versus all parks. Council Member Arndt noted concerns that with all of the smoke-free action being done, he does not feel that tobacco use is down among youth. He asked what programs are available for those trying to quit smoking. Jean Johnson, McLeod County Public Health, presented before the Council. Ms. Johnson explained that, according to surveys, tobacco use is actually down among youth and fewer are picking up the habit. Studies and surveys show that only 12% of McLeod County adult residents are tobacco users. Ms. Johnson explained that there are cessation programs available. Ms. Johnson also explained that there are funds available until the end of December to pay for tobacco-free parks signage. Information from Council Members can be sent to Gary Plotz for him to begin drafting a policy. Council Members suggested holding a public hearing at the next Council meeting to discuss this matter. Motion by Czmowski, second by Yost, to set a public hearing for September 8, 2009, at 6:00 p.m. to discuss a policy on tobacco-free parks. Motion carried unanimously. (c)DISCUSSION OF UPCOMING BOARD OF EQUALIZATION TRAINING Mayor Cook explained that Bill Arndt has gone through training which is good for four years. Mayor Cook noted that it is important to have enough trained board members to avoid any issues. Mayor Cook stated he will go through a training session again, however he encouraged other Council Members to attend a training session as well. (d)CONSIDERATION FOR APPROVAL OF SIGNING ONTO LETTER TO GOVERNOR PAWLENTY AND STATE LEGISLATORS URGING SUPPORT FOR LEGISLATION THAT REDUCES GLOBAL WARMING POLLUTION Mayor Cook stated that he was contacted by a representative from a group of Lutheran churches who inquired if the City would be willing to sign onto a letter to Governor Pawlenty and state legislators urging them to adopt legislation that help reduce global warming pollution. The basis of the letter is the Minnesota Climate Change Advisory Group’s final report of April 2008. Cities who have already signed on are Austin, Bemidji, Courtland, Nevis, Park Rapids and Turtle River. Council Member Yost commented that he is on a state committee pertaining to this issue and cautioned the Council that if legislation is passed, it may come with a cost to the city. The committee he serves on has commented that perhaps some language should be removed from the letter, however changes more than likely cannot be made due to it already being signed by several cities. Motion by Yost, second by Cook, to approve signing onto letter to Governor Pawlenty and state legislators urging support for legislation that reduces global warming pollution. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF SETTING A TOWN HALL MEETING DATE IN SEPTEMBER 2009 TO DISCUSS CITY BUDGETS INCLUDING THE WATER AND SEWER BUDGET Mayor Cook suggested that the city administrator and finance director be present at the proposed town hall meeting and deliver the same budget presentation given at a previous Council meeting. The intent of the town hall meeting would a more relaxed atmosphere where Council Members can better engage amongst themselves and members of the public. 3 CITY COUNCIL MINUTES –AUGUST 25, 2009 Kent Exner, City Engineer, noted that staff will be recommending that the water/sewer rate study be suspended, therefore the workshop scheduled for September 22, 2009, will be focused on where reductions will take place within the water/sewer budget. Motion by Haugen, second by Czmowski, to approve setting a town hall meeting for September 30, 2009, at 6:30 p.m. at the Event Center to discuss city budgets including the water and sewer budget. 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)CREATION OF AND APPOINTMENT TO CITY/HOSPITAL COMMUNICATION COMMITTEE Mayor Cook stated that he feels it may be appropriate to establish a formal Hospital Communication Committee made up of two council members and several administrative staff. The purpose of the committee would be to meet with the city’s appointed representatives from time to time to be briefed on pertinent and relevant information. Council Member Haugen suggested that perhaps such a committee isn’t necessary as the current hospital board has suggested providing updates to the Council on a quarterly basis. Council Member Czmowski questioned the necessity of such a committee as well due to what information may or may not be disclosed. Mayor Cook expressed that his intention of establishing such a committee would be to facilitate good, ongoing communication with the appointed representatives of the hospital board. He noted that one of the key rationales behind the privatization process was the ability to discuss things more privately from a competitive standpoint. Information at quarterly Council meetings would be limited. He suggested developing and approving an Agreement of Understanding on appropriate communications that would be brought to the Council for approval. Council Member Arndt noted he would approve the establishment of such a committee so the City is aware of what is occurring with the hospital. Motion by Arndt, second by Yost, to approve creation of City/Hospital Communication Committee for one year and appointing the following members: Mayor Cook, Council Member Yost, City Administrator Gary Plotz, Finance Director Jeremy Carter (as necessary) and City Attorney Marc Sebora (as necessary). Council Member Czmowski voiced that he would be more in favor of having the city-appointed representatives provide quarterly updates to the entire Council. Roll call vote was taken: Haugen – nay; Arndt – aye; Yost – aye; Czmowski – nay; Cook – aye. Motion carried 3 to 2. (b)WEB SITE STATISTICS REPORT FOR JULY 2009 (c)CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2009 (d)CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2009 (e)PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2009 (f)PLANNING COMMISSION MINUTES FROM JULY 21, 2009 No action required for items 11(b) – 11(f). Council Member Arndt noted that he has heard that Atomic Crane Corporation will need a new variance approved. Gary Plotz noted that Atomic Crane Corporation would like to move the lot line as currently proposed along with an easement that will need to be moved. This item will be on the September Planning Commission meeting. Mayor Cook questioned some of the figures in the motor vehicle department as well as the library. Gary Plotz noted that he will review and provide feedback to the Council. 4 CITY COUNCIL MINUTES –AUGUST 25, 2009 Mayor Cook asked for an update on the Little Crow project. Dolf Moon, PRCE Director, explained that the Little Crow project is to commence tomorrow, August 26, 2009. The hope is to have the project completed by Labor Day. The statute will be placed on the north side of the dam close to the overlook area just to the south of the pathway that leads up the hill. The base will be constructed at a four foot height with the statue being placed on the top of the base. The cost of the project should come in under $12,000. The funds are coming from Mn/DOT. MISCELLANEOUS 12. (a)CONSIDERATION FOR APPROVAL OF PETITION FOR LOCAL IMPROVEMENT FOR LETTING NO. 1, PROJECT NO. 09-01 Kent Exner, City Engineer, noted a petition and waiver of hearing was distributed in reference to the Industrial Park project. Requirements of Minnesota statute mandate that assessments be in place to meet the 20% bonding requirement. In essence, the City is petitioning to assess itself. Other properties, when developed, could have assessments charged to them to recoup those costs borne by the city. Motion by Haugen, second by Czmowski, to approve Item 12(a). Motion carried unanimously. Motion by Haugen, second by Arndt, to set September 1, 2009, at 7:00 p.m. at Gopher Campfire to attend the McLeod County Commissioners’ meeting. Motion carried unanimously. Motion by Czmowski, second by Arndt, to set Kay Peterson’s funeral and visitation as a public meeting so that all Council Members can attend without being in violation of the open meeting law. Motion carried unanimously. Motion by Czmowski, second by Arndt, to set trail meetings on September 3, 2009, at 11:00 a.m. at the City Center and September 17, 2009, at 4:00 p.m. at the Dassel-Cokato Middle School, as public meetings. Motion carried unanimously. Gary Plotz – Mr. Plotz noted that a citizen has raised a concern on the interpretation of the building code by the City’s building official and how it is enforced. Mr. Plotz further noted that a local Building Code Board of Appeals was initially established in 1986 and resurrected in 1997. A resident has recently inquired about appealing a decision to the Board of Appeals. Mr. Plotz inquired of the Council if they would like to again resurrect the Board of Appeals due to the lack of activity over the last 12 years leaving the last Board of Appeals inactive. Mayor Cook suggested forwarding appeal requests to the State due to the historical lack of activity with the local Board of Appeals. Motion by Arndt, second by Cook, to place an advertisement for interested persons to serve on the Building Code Board of Appeals. Motion carried unanimously. Mr. Plotz noted that some concerns have been raised by residents in a neighborhood on planning/zoning issues. Mr. Plotz made the Council aware that there is an appeal process for planning/zoning decisions. Appeals may be made to the Board of Appeals and Adjustments, which is essentially the City Council. Mr. Plotz noted that he intends to send a letter to the residents outlining the process they could use to address their concerns. It was also noted that the ordinance indicates that the “enforcer” of planning/zoning issues is listed as the building official and perhaps that needs to be changed to better align with the City’s organizational structure (i.e. Planning/Zoning/Building Director). Mayor Cook – Mayor Cook noted that he, Council Member Chad Czmowski and Dolf Moon had met with the Hockey Association and have identified that Northwoods Park may be the best location for outdoor ice. This year’s plan is to have a sheet of ice at Northwoods Park for both recreational skating as well as placing boards from Park Elementary. ADJOURN 13. Motion by Arndt, second by Yost, to adjourn at 7:50 p.m. Motion carried unanimously. 5