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09-08-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 8, 2009 CALL TO ORDER – 5:30 P.M. 1. 2.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 3. – Rev. Gerhard Bode, Peace Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF AUGUST 25, 2009 Motion by Czmowski, 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 (b) RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13619 – RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2.RESOLUTION NO. 13620 - RESOLUTION IN SUPPORT OF IMPROVING THE LUCE LINE TRAIL 3.RESOLUTION NO. 13621 – RESOLUTION AMENDING PERSONNEL POLICY REGARDING VACATION ACCRUAL 4. ORDINANCE NO. 09-0521 – AN ORDINANCE PROHIBITING PUBLIC CONDUCT AND PROPERTY CONDITION NUISANCES (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 09-0533 – AN ORDINANCE VACATING A PORTION OF GLEN STREET SW AS REQUESTED BY THE HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) (c)CONSIDERATION FOR APPROVAL OF 2009 HUTCHINSON JAYCEES HAUNTED HOUSE (d)CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 3 – LETTING NO. 3, PROJECT TH NO. 09-03 (MCLEOD AVENUE NE & 6 AVENUE NE) (e)REAPPOINTMENT OF MIKE RETTERATH TO PARKS, RECREATION, COMMUNITY EDUCATION BOARD TO AUGUST 2012 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)3, 6(b)4 and 6(d) 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(b)3 had further discussion. Mayor Cook noted that the revised process seems very efficient. Brenda CITY COUNCIL MINUTES –SEPTEMBER 8, 2009 Ewing, Human Resources Director, clarified that the “next bump” to the accrual rate on the significant years of service will still be received at anniversary date and will not be accrued on January 1. Ms. Ewing also clarified that the new vacation accrual date would begin January 1 2010 and the required vacation would need to be used by December 31, 2010. Motion by Haugen, second by Arndt, to approve Item 6(b)3. Motion carried unanimously. Item 6(b)4 had further discussion. Council Member Yost noted that a couple of suggested additions to the nuisance housing ordinance have been submitted from a neighborhood. Council Member Yost thought it may be likely that many of the suggestions are already included in other sections of the city code. Attorney Sebora also noted that many of the suggested items are currently in the city code. Motion by Arndt, second by Yost, to table this item to allow the city attorney and Council to review the suggested additions. Motion carried unanimously. Item 6(d) had further discussion. Council Member Yost asked the purpose for the change order. Kent Exner, City Engineer, explained that the contractor failed to achieve the specified bituminous density within some portions of the paving work. Therefore, this non-conforming work results in a payment deduction calculated per Mn/DOT’s formula. The decrease in the project contract amount for this issue is $1,203.49. Motion by Yost, second by Czmowski, to approve Item 6(d). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)DISCUSSION OF TOBACCO-FREE PARKS POLICY Mayor Cook noted that this item began as a request from the TFY (Tobacco Free Youth) Crew requesting that the Council consider a tobacco-free parks policy. Arlene Schwarz, 15 Orchard Avenue, presented before the Council. Ms. Schwarz stated that she has some concerns with the proposed policy. These include freedom of choice, enforcement and additional potential policies. Jean Johnson, McLeod County Public Health, presented before the Council. Ms. Johnson explained that the proposed policy is intended to be more of a polite gesture than anything else. The purpose is to reduce the influences smoking has on young people. Ms. Johnson spoke about tobacco litter as being another driver behind the proposed policy. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Mayor Cook noted that by having this policy in place, it is not necessarily geared towards eliminating smoking due to health concerns (second-hand smoke), but rather to be a model to other individuals in reducing the exposure of smoking. Council Member Arndt noted the tremendous amount of calls he has received on this topic, mainly from those against the proposed policy. He suggested that the Council publicly ask park-users to clean up after themselves and to be courteous of others when/if they are smoking outdoors. Council Member Yost also noted that most of the calls he has received have been opposed to the proposed policy. Council Member Czmowski noted that most of the feedback he has received has also been in opposition, other than to the youth-oriented parks (skate park, disc golf, etc.). Dolf Moon, PRCE Director, noted that most if not all of the youth sports activities are smoke-free. However, the adult leagues, mainly softball, tend to have more smoking activity. th Avenue, presented before the Council. Mr. Hausladen raised concerns over Butch Hausladen, 1120 12 putting this policy in place when it is clear that the constituents don’t wish to have a policy in place. Mayor Cook asked that the public get in touch with Council Members on whether or not they would be more inclined to have a tobacco-free parks policy at youth-based parks. Motion by Czmowski, second by Haugen, to not adopt a tobacco-free parks policy, however authorize Dolf 2 CITY COUNCIL MINUTES –SEPTEMBER 8, 2009 Moon to educate users through youth programming. Motion carried unanimously. 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 TOBACCO LICENSE FOR OMAR WAZWAZ LOCATED AT 1310 HIGHWAY 15 SOUTH #107 Mayor Cook noted that the police department’s recommendation is to approve the tobacco license. Motion by Arndt, second by Haugen, to approve tobacco license for Omar Wazwaz located at 1310 Hwy 15 South #107. Motion carried unanimously. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF REVIEW AND ACCEPTANCE OF 2008 FINANCIAL REPORT Jeremy Carter, Finance Director, introduced Kyle Meyers of Abdo, Eick & Meyers, LLC, the City’s auditing firm. Mr. Meyers presented before the Council. Mr. Meyers provided a brief overview of the City’s 2008 audited comprehensive annual financial report. Motion by Haugen, second by Arndt, to approve 2008 financial report. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF ITEMS FOR ENERGY PARK IMPROVEMENTS PHASE 1 – LETTING NO. 1, PROJECT NO. 09-01 (ADOPTING ASSESSMENT, ACCEPTING BID AND AWARDING CONTRACT) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that Mathiowetz Construction Company submitted the apparent low bid on this project. However, Mr. Exner explained that as part of the grant process, a few more steps need to be completed before the project can be awarded. It is anticipated that the approval of the project will be on the next Council agenda. The contractor has indicated that they will hold their bid price. It was noted that as soon as the authorization is received from the federal government, a potential special meeting could be held to award this project and get it moving along. Motion by Haugen, second by Arndt, to table this item to September 22, 2009. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING 2010 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON (ADOPT RESOLUTION NO. 13616) Gary Plotz, City Administrator, noted that the proposed levy has been proposed at $6,183,482, which is the maximum amount. A town hall meeting will be held as well as a truth in taxation hearing. Motion by Czmowski, second by Haugen, approve setting 2010 preliminary tax levy, adopting Resolution No. 13616. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF 2010 PRELIMINARY TAX LEVY FOR ECONOMIC DEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13617) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the proposed preliminary levy accompanies the 2010 budget as presented by the EDA. Motion by Czmowski, second by Arndt, to approve 2010 preliminary tax levy for Economic Development Authority, adopting Resolution No. 13617. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF 2010 PRELIMINARY TAX LEVY FOR HUTCHINSON REDEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13618) 3 CITY COUNCIL MINUTES –SEPTEMBER 8, 2009 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that the preliminary levy amount for the HRA is proposed at $130,000. Motion by Arndt, second by Haugen, to approve 2010 preliminary tax levy for Hutchinson Redevelopment Authority, adopting Resolution No. 13618. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF SETTING TRUTH IN TAXATION HEARING Jeremy Carter, Finance Director, explained that the 2009 legislative session revised some of the timelines and processes used for truth in taxation hearings. Some of the changes include holding the hearing at 6:00 p.m. or later and having it held between November 25 – December 26, 2009. Motion by Yost, second by Czmowski, to set Truth in Taxation hearing for December 3, 2009, at 6:30 p.m. in the Council Chambers. 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)RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM SEPTEMBER 1, 2009 (b)PUBLIC LIBRARY BOARD MINUTES FROM JULY 27, 2009 (c)FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2009 (d)LIQUOR HUTCH FINANCIAL REPORT FOR AUGUST 2009 No action required. MISCELLANEOUS 12. (a)CONSIDERATION OF RESOLUTION NO. 13622 – RESOLUTION TO DONATE UNCLAIMED PROPERTY Hutchinson Police Services requested that the Council approve a Resolution to donate a bicycle to McLeod Alliance for Victims of Domestic Assault. Motion by Czmowski, second by Cook, to approve Resolution No. 13622. Motion carried unanimously. GARY PLOTZ – Mr. Plotz noted at the workshop held earlier today it was suggested that if the budget is revised, a request come before the Council. Mayor Cook expressed that if there is a major change to the budget that was not anticipated, those requests are encouraged to follow procedure as noted in City Charter. If there are minor changes within/amongst departments, the City Administrator can authorize those. This includes those departments that have several budgets under one director. MAYOR COOK – Mayor Cook noted that the Fire Relief Association is sponsoring a public dance on th Saturday at the Fairgrounds in honor of the Fire Department’s 125 Anniversary. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 6:50 p.m. Motion carried unanimously. 4