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12-08-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 8, 2009 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Jim Haugen, Bill Arndt, and Eric Yost. Member absent was Chad Czmowski. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Pastor Dawson, Embrace His Presence Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Gail Plaisance, 509 Linden Avenue, presented before the Council. Mr. Plaisance commented that he has concerns about a snow emergency ordinance and where he should park excess vehicles that he has. MINUTES 5. (a)REGULARMEETING OF NOVEMBER 24, 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. 13655 – RESOLUTION TRANSFERRING $348,600 FROM LIQUOR FUND TO GENERAL FUND 2.RESOLUTION NO. 13656 – RESOLUTION TRANSFERRING $136,290 FROM WATER & SEWER FUNDS TO GENERAL FUND 3.RESOLUTION NO. 13657 – RESOLUTION TRANSFERRING $52,500 FROM CREEKSIDE FUND TO GENERAL FUND 4.RESOLUTION NO. 13658 – RESOLUTION TRANSFERRING FUNDS FROM WATER/WASTEWATER/STORM WATER FUNDS TO 2009 IMPROVEMENT BOND CONSTRUCTION FUND AND 2009 IMPROVEMENT BOND CONSTRUCTION FUND TO GENERAL FUND & CAPITAL PROJECTS FUND FOR ENGINEERING AND ADMINISTRATION FEES 5.RESOLUTION NO. 13659 – RESOLUTION TRANSFERRING $304,200 FROM COMMUNITY IMPROVEMENT FUND TO 2009 CONSTRUCTION FUND (c)CONSIDERATION FOR APPROVAL OF ITEMS FOR ADAMS STREET (CSAH 25) AND WASHINGTON AVENUE RECONSTRUCTION PROJECT – ORDERING PREPARATION OF REPORT, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT (d)CONSIDERATION FOR APPROVAL OF AWARDING BID FOR BIODEGRADABLE COMPOST BAGS CITY COUNCIL MINUTES –DECEMBER 8, 2009 (e)APPOINTMENT OF ERIC YOST TO THE HUTCHINSON AREA HEALTH CARE BOARD TO JANUARY 2013 TO FILL VACANCY CREATED BY THE RESIGNATION OF CITY APPOINTEE SHERRY RISTAU (f)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(d) and 6(e)were pulled for separate discussion. Motion by Czmowski, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(d) had further discussion. Gary Plotz, City Administrator, explained that the biodegradable bags being considered are the kitchen-size bags and leaf bags that residents use to place into the green compost bin. The bids were for a three-year contract. Mr. Plotz explained that two bids were received and the recommendation is that both bids be rejected at this time. Marc Sebora, City Attorney, stated that both bidders did not submit their bids in accordance with the bid specifications. Mr. Plotz noted that staff may consider reducing the contract to a one-year timeframe, which will alleviate the bidding process, and will allow the city to obtain quotes for the bags. Doug Johnson, Compost Site Manager, noted that the Council will be considering investing in a leaf vacuum, which will alleviate the necessity of the 55 gallon bags that were part of the bids. Motion by Arndt, second by Haugen, to reject the bids for biodegradable compost bags. Motion carried unanimously. Item 6(e) had further discussion. Mayor Cook explained the process used for appointing the city-appointee member to the HAHC Board. Mayor noted that the HAHC Board is recommending that David Radloff be appointed to the HAHC Board based upon their gap analysis. The process states that the mayor makes a recommendation for this appointment and the Council will ratify that appointment. Council Member Czmowski questioned why Eric Yost is being considered when Mr. Yost has been interviewed by the board and the board has brought forth a different recommendation. Mr. Czmowski expressed that perhaps the Council would not be doing the board justice if Mr. Yost is appointed and the Board feels that Mr. Radloff can fill their needs in a better capacity. Mayor Cook noted how he feels Mr. Yost can provide the best representation of the city and provides a good ommunication link to the Council. Council Member Haugen expressed that perhaps the process is a bit disjointed. According to Mr. Haugen, it appears that the board has their recommendation and the mayor has his and the two do not correlate. Mayor Cook explained that the process is being followed in that the HAHC Board provides a list of names and a recommendation to the Council, and the Council makes the appointment. Motion by Arndt, second by Cook, to appoint Eric Yost to the HAHC Board. Scott Schaefer, HAHC Board, presented before the Council. Mr. Schaefer noted that he feels the Council does have a fair understanding of the process the HAHC Board uses when looking for board appointees. Mr. Schaefer explained the HAHC Board used a new technique this year with a needs analysis. Mr. Schaefer also explained the interview process the HAHC followed. Mr. Schaefer explained that he was appointed last year as a city-appointee. He stressed the recommendation from the HAHC Board is in order to strengthen the hospital and put the hospital’s needs at the forefront. Council Member Yost noted that he has spoken to individuals that were part of the privatization process and they noted that it is important that a Council Member serve on the HAHC Board. Mr. Yost also expressed that he feels it is important for a Council Member to serve on the board as well. Roll call vote was taken: Haugen – nay; Arndt – aye; Yost – aye; Czmowski – nay; Cook – aye. Motion carried 3 to 2. 7.PUBLIC HEARINGS – 6:00 P.M. 2 CITY COUNCIL MINUTES –DECEMBER 8, 2009 (a)CONSIDERATION FOR APPROVAL OF SMALL CITIES DEVELOPMENT PROGRAM GRANT APPLICATION AS REQUESTED BY THE HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY Jean Ward, Executive Director of Hutchinson Housing & Redevelopment Authority, presented before the Council. Ms. Ward explained the federal objectives of the grant which is to provide financial assistance to low to moderate income individuals who reside in the target area whose homes are in need of rehabilitation and to encourage the preservation of housing and to improve targeted neighborhoods. Ms. Ward reviewed previous SCDP housing projects in Hutchinson. The overall goals and objectives of the program are to correct housing deficiencies related to the health and safety of owner-occupied households and to improve the housing stock in the area via rehabilitation. Ms. Ward explained the rehabilitation loan terms and eligibility. Judy Flemming, HRA Program Coordinator, presented before the Council. Ms. Flemming reviewed projects completed in the expanded Franklin Grove Rehabilitation Area. Ms. Ward reviewed the 2010 rehabilitation project application which is proposed as the NE Neighborhood. The area includes from Hwy 7 to Hwy 15 (south of North High Drive) over to Rockite Silo. Ms. Ward explained the products available for the owner match portion and an example of the financing available. The full application needs to be submitted to the Department of Economic by January 14, 2010. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve small cities development program grant application, adopting Resolution No. 13669. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT FOR MCLEOD COUNTY UNITED WAY TO PERMIT A SIGN ON CITY PROPERTY IN LIBRARY SQUARE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 09-0537 FOR DECEMBER 22, 2009) Prashee Deshpande, McLeod County United Way, presented before the Council. Ms. Deshpande explained the purpose of the McLeod County United Way. The United Way is currently in its financial campaign for donations. 65% of the goal has been met thus far and ends in March 2010. Ms. Deshpande explained that the United Way would like to place a thermometer sign in Library Square along Main Street. This sign will illustrate the number of donations the organization has received. The request of the United Way is to have the sign up from December 22, 2009, to February 28, 2010. Mayor Cook suggested allowing the sign this year, but perhaps a receptacle or post be put in place at Girl Scout Park for future years. Council Member Arndt suggested placing the sign where the popcorn stand typically sits in the spring/summer. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve franchise agreement with McLeod County United Way to permit a sign on City Property in Library Square (popcorn wagon site) from December 22, 2009, to February 28, 2010, setting second reading and adoption for December 22, 2009. 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 2010 CITY ASSESSING AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND MCLEOD COUNTY 3 CITY COUNCIL MINUTES –DECEMBER 8, 2009 Gary Plotz, City Administrator, explained that the County is requesting that the 2010 assessing agreement remain at the proposed rate of $10.50/parcel, which is an increase from $10.00/parcel in 2009. A comparison of other counties was provided by the McLeod County Administrator. Motion by Haugen, second by Arndt, to approve 2010 City assessing agreement between the City of Hutchinson and McLeod County. Council Member Yost voiced his opposition to the County’s 5.5% annual increase for the next three years in wages. Mayor Cook noted that the city request quality assurances be put in place with these cost increases. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF USE OF LIBRARY SQUARE AND SURROUNDING PARKING SPACES FOR “CORVETTES FOR A CAUSE” CAR SHOW ON MAY 29, 2010 Mayor Cook noted that logistical issues still need to be worked out for this event. Motion by Arndt, second by Czmowski, to table this item indefinitely. Motion carried unanimously. (c)CONSIDERATION OF VARIANCE TO INCREASE MAXIMUM LOT COVERAGE OF 25% IN THE SHORELAND AREA FROM THE EXISTING 32% TO 33% AT 915 LAKEWOOD DRIVE SW REQUESTED BY JOEL AND JACKIE PENKE, PROPERTY OWNERS WITH UNFAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13649) Mayor Cook noted that this item was tabled from the last meeting to allow staff time to review a proposed shoreland ordinance which is being introduced by the State of Minnesota. Gary Plotz, City Administrator, presented before the Council. Mr. Plotz provided an overview of the project, which is an addition to the house, the house which is located in the shoreland district. Mr. Plotz noted that the question has arose as to what part is the river and what part is the lake. If a home is in the shoreland district of the river the setback is 300 feet.If a home is in the shoreland district of a lake, the setback is 1000 feet. Kent Exner, City Engineer, noted that City staff has met with DNR Hydrologist, Robb Collette. The DNR has interpreted that the water bodies west of the dam and adjacent to City properties including the South Fork of the Crow River, Campbell Lake and Otter Lake are considered to be a lake. The DNR recommends that the City should continue to administer the existing shoreland ordinance based on the 25% parameter and require the variance process to allow a “grandfather clause” for properties that already exceed 25% if the impervious surface is addressed per a performance-standard deemed acceptable by City and DNR staffs (rain gardens, infiltration basins, etc.). It is recommended that property owners perform a formal survey to verify impervious surface coverage during the variance process. Because the state-proposed shoreland ordinance may not be adopted until 2011, the City should establish performance-standards and possibly adopt a revised City shoreland ordinance. These alterations will put the staff in a review role of the property owner’s request. The variance process should be used to mitigate coverage to 25%. Mr. Exner proposed that the Council could grandfather the Penke project in, hold them to existing impervious surface and have staff work with mitigation to 25% (property owner provide survey and engineering). General discussion was held regarding hardships to be determined in the variance process. Mayor Cook noted that perhaps more time is needed for staff to develop language addressing the mitigation of impervious surface. Kent Exner noted that it will take staff time to develop performance standards that they will be reviewing with the DNR. Gary Plotz suggested holding this application open until the standards are developed. It was suggested that a revised Resolution be presented with mitigation language included. Mr. Exner stated that the mitigation mechanism could state that a rain garden is required. This language could be included on the variance Resolution which is a recordable document. This requirement will then follow the life of the property. Motion by Czmowski, second by Cook, to table this item indefinitely to allow the city engineering department time to work with the DNR on mitigation issues. Motion carried unanimously. (d)CONSIDERATION OF ORDINANCE NO. 09-0536 – AN ORDINANCE REGULATING WINTER PARKING (FIRST READING) 4 CITY COUNCIL MINUTES –DECEMBER 8, 2009 John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that staff is proposing a snow emergency parking prohibition ordinance. Highlights of the ordinance include a decision by 4:00 p.m. of a snow emergency causing parking restrictions to go into effect at 12:00 midnight that same evening. Snow emergency notification would be broadcast via local radio, local cable, Hutchinson Leader web site, City of Hutchinson web site and designated city staff. Additional notification may be had by updating a message on a dedicated telephone message line or any other future notification system that may be implemented. Mr. Olson noted that other communities allow for overflow parking in municipal lots for those residents who have excess vehicles that their driveways/yards cannot accommodate. Council Member Arndt voiced that he is in favor of a parking prohibition at all times during the snow season. Eric Yost suggested an odd/even parking system. John Olson stated that there is some confusion as to when what day is odd and what day is even (12 midnight or another time?). Motion by Arndt, second by Haugen, to leave the ordinance as currently written and revisit a snow emergency ordinance for the next year’s snow season. Roll call vote was taken: Haugen – nay; Arndt – aye; Yost – nay; Czmowski – nay; Cook – nay. Motion defeated 4 to 1. Motion by Czmowski, second by Yost, to enact the ordinance as proposed with a start date of February 1, 2010. Roll call vote was taken: Haugen – aye; Arndt – nay; Yost – nay; Czmowski – aye; Cook – aye. Motion carried 3 to 2. Second reading will be held at next meeting. Dan Hatten provided input on enforcement of the ordinance. NEW BUSINESS 10. (a)CONSIDERATION FOR UPDATED PUBLIC ARTS ORDINANCE, RESOLUTION FOR PUBLIC ARTS FUNDING AND PUBLIC ARTS PROJECT PROPOSAL APPLICATION DOCUMENT Tom Wirt, Public Arts Commission Chairperson, presented before the Council. Mr. Wirt explained that the Council has for their consideration a revised Public Arts ordinance, an application form for a proposed Public Arts project, a Resolution authorizing funding of Public Arts projects, and public arts project possibilities for discussion. Mr. Wirt presented that the initial ordinance lacked a definition of public art, had specific circumstances when the Public Arts Commission would have advisory responsibility to the Council and had a weak specified process for application, hearings and decision timelines. The proposal/application form would guide applicants in providing the information that would be needed to reach a decision for a proposed project. It would also guide the project through the review, hearing and Council process. This form would be available from the Public Arts Commission, the Parks/Recreation Department and/or the Planning/Zoning/Building Department. The proposed Resolution identifies several sources of funding. This allows the City to provide seed money to be used as matching funds and/or encouragement for private donations, a funding mechanism for future projects and matches and creation of a public arts maintenance account. It was suggested that the proposed $30,000 maximum carry over be reduced to $10,000. Motion by Haugen, second by Czmowski, to approve Ordinance No. 09-0538, setting second reading and adoption for December 22, 2009. Motion carried unanimously. Motion by Yost, second by Cook, to adopt Resolution No. 13668, with the revision of the maximum amount to $10,000 in Item 3. Motion carried unanimously. (b)DISCUSSION OF LIQUOR LICENSE ISSUED TO BRYAN BAKKEN AT 101 PARK PLACE Mayor Cook noted that the applicant has revised his plans for his restaurant and plans on opening a restaurant not including the sale of liquor/beer. Motion by Czmowski, second by Yost, to acknowledge withdrawal of Bryan Bakken’s liquor license application. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF ADOPTING 2010 COMPENSATION PLAN (ADOPT 5 CITY COUNCIL MINUTES –DECEMBER 8, 2009 RESOLUTION NO. 13652) Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the pay grid included in the policy reflects a 2% annual market adjustment that has been recommended by the Wage Committee and incorporated as part of the general fund budget. The merit/performance pay increases for eligible regular full time and regular part time employees will be effective on the first date of the first full pay period commencing on or after March 1, except for newly hired employees. This is a change from the employee’s anniversary date. Mayor Cook explained that news was received today that an unallotment will not be seen this year from the Governor. Mayor Cook suggested a 0% market adjustment, however grant the merit pay which is tied to performance. The 2% wage increase that has been built into the 2010 budget will remain included to allow the City a bit of a cushion. Council Member Yost noted that the Chamber of Commerce had conducted a survey amongst the top seven employers within the City. The results showed that 4 of the 7 employers froze wages last year and will likely be doing the same in 2010. Motion by Czmowski, second by Yost, to approve 2010 compensation plan, minus the 2% market adjustment, and adopting the 2009 pay grid and bringing all employees to a minimum of 80% compa-ratio on the pay grid. Motion carried unanimously. (d)PRESENTATION ON A STREET VACUUM PROGRAM John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that staff is requesting the purchase/rent/lease of two units to conduct a street vacuum program. This program allows residents to rake leaves from their yard to the boulevard and a vacuum truck will pick up the leaves. This alleviates the need for residents to rake their leaves into bags. The total cost for equipment would be approximately $56,000. The 2010 refuse and stormwater budgets include this equipment. Mr. Olson explained cost reductions associated with this program as well (sweepers, hauling, operations, etc.). General discussion was held in regard to tractor fleet, renting/leasing and purchasing. Motion by Czmowski, second by Haugen, to approve street vacuum program as outlined. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF SETTING 2010 TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13660) Motion by Arndt, second by Haugen, to approve setting 2010 tax levy for HRA, adopting Resolution No. 13660. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF SETTING 2010 TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (ADOPT RESOLUTION NO. 13661) Motion by Czmowski, second by Arndt, to approve setting 2010 tax levy for EDA, adopting Resolution No. 13661. Motion carried unanimously. (g)CONSIDERATION FOR APPROVAL OF ADOPTING 2010 LIQUOR FUND BUDGET (ADOPT RESOLUTION NO. 13662) Motion by Czmowski, second by Haugen, to adopt 2010 liquor fund budget, adopting Resolution No. 13662. Council Member Yost questioned the unbalanced budget. Jeremy Carter explained that principal payments are included in the expenses, as well as depreciation. The 2010 budget reflects the current staffing levels. Personnel is maintained at 10% of the budget. Motion carried unanimously. (h)CONSIDERATION FOR APPROVAL OF ADOPTING 2010 STORM WATER UTILITY BUDGET (ADOPT RESOLUTION NO. 13663) Motion by Czmowski, second by Cook, to adopt 2010 storm water utility budget, adopting Resolution No. 6 CITY COUNCIL MINUTES –DECEMBER 8, 2009 13663. Motion carried unanimously. (i)CONSIDERATION FOR APPROVAL OF ADOPTING 2010 CREEKSIDE FUND BUDGET (ADOPT RESOLUTION NO. 13664) Motion by Arndt, second by Haugen, to adopt 2010 Creekside fund budget, adopting Resolution No. 13664. Motion carried unanimously. (j)CONSIDERATION FOR APPROVAL OF ADOPTING 2010 REFUSE FUND BUDGET (ADOPT RESOLUTION NO. 13665) Motion by Arndt, second by Haugen, to adopt 2010 refuse fund budget which will include a revised budget eliminating the recycling credit, adopting Resolution No. 13665. Gary Plotz, City Administrator, noted that discussions have been held regarding the credit program for recycling. This incentive began to get residents to take part in the program initially. Mr. Plotz stated that staff is recommending that this credit be eliminated for recycling and the funds be placed in a reserve fund in order to address upcoming issues. These funds may be used to address emerald ash borer infestation or other similar circumstances. Motion carried unanimously. Mayor Cook suggested a note being placed in the water bills explaining the elimination of the recycling credit program. (k)CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION ON JANUARY 27, 2010, AT 4:30 P.M. AT THE HUTCHINSON EVENT CENTER Motion by Czmowski, second by Haugen, to set joint meeting with Hutchinson Utilities Commission on January 27, 2009, at 4:30 p.m. 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)HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM SEPTEMBER 28, 2009 (b) FIRE DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2009 No action required for Items 11(a) & 11(b). Council Member Arndt urged snow birds to file their census documents with the State of Minnesota and not the state that they winter in. MISCELLANEOUS 12. Mayor Cook noted that a suggestion had been made by a resident that emails/text messages be received by the Council during truth in taxation hearings. ADJOURN 13. Motion by Arndt, second by Cook, to adjourn at 9:20 p.m. Motion carried unanimously. 7