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12-22-2009 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 22, 2009 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Jim Haugen, Bill Arndt, and Chad Czmowski. Member absent was Eric Yost. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. David Dawson, Embrace His Presence Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Council Member Arndt read a letter on behalf senior citizens who watch the meetings on cable television. The citizens asked that the Council Members and presenters speak clearly into the microphones so they can be heard. MINUTES 5. (a)TRUTH IN TAXATION HEARING MINUTES OF DECEMBER 3, 2009 (b)REGULARMEETING OF DECEMBER 8, 2009 Mayor Cook noted that 4.97% should be inserted into the blank in the truth in taxation minutes. 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 1.RESOLUTION NO. 13672 - RESOLUTION DESIGNATING CITY OF HUTCHINSON’S DEPOSITORIES 2.RESOLUTION NO. 13673 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM WELLS FARGO BANK 3.RESOLUTION NO. 13674 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. 4.RESOLUTION NO. 13675 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM MIDCOUNTRY BANK 5.RESOLUTION NO. 13676 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST MINNESOTA BANK N.A. 6.RESOLUTION NO. 13677 – RESOLUTION REVISING RESOLUTION NO. 11885 – AUTHORIZING THE OPERATION OF A SHOOTING RANGE FOR THE 4H CLUB 7.RESOLUTION NO. 13678 – RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY 8.ORDINANCE NO. 09-0537 – AN ORDINANCE APPROVING FRANCHISE AGREEMENT FOR MCLEOD COUNTY UNITED WAY TO PERMIT A SIGN ON CITY PROPERTY IN LIBRARY SQUARE (SECOND READING AND ADOPTION) 9.ORDINANCE NO. 09-0538 – AN ORDINANCE AMENDING ORDINANCE NO. 08-0520 TO CITY COUNCIL MINUTES –DECEMBER 22, 2009 AMEND THE DUTIES OF THE PUBLIC ARTS COMMISSION AND ESTABLISH A DEFINITION OF PUBLIC ART (c)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF PRELIMINARY PLAT OF “HAHC FIRST ADDITION”, REZONE 15.5 ACRES FROM R1 TO R4, PLANNED DEVELOPMENT DISTRICT AND CONDITIONAL USE PERMIT TO CONSTRUCT A SENIOR HOUSING DEVELOPMENT LOCATED NORTH OF AIRPORT ROAD (ADOPT RESOLUTION NO. 13684 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 09-0539 FOR JANUARY 12, 2010) (d)CONSIDERATION FOR APPROVAL OF RESCHEDULING WORKSHOP WITH AMERESCO FROM JANUARY 12, 2009, TO JANUARY 26, 2009 (e)CONSIDERATION FOR APPROVAL OF 2010 LICENSE RENEWALS (TOBACCO, TATTOO, MASSAGE AND HAULERS) (f)CONSIDERATION OF AUTHORIZATION TO ACCEPT DONATIONS (g)CONSIDERATION FOR APPROVAL OF ISSUING PUBLIC DANCE PERMIT TO JEFF LIESTMAN ON JANUARY 16, 2010, AT THE MCLEOD COUNTY FAIRGROUNDS (h)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO FRATERNAL ORDER OF EAGLES ON MARCH 20, 2010 (i)CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO VFW POST 906 AUXILIARY ON JANUARY 30, 2010, FEBRUARY 27, 2010, AND APRIL 24, 2010 (j)CONSIDERATION FOR APPROVAL OF AGREEMENT WITH GAVIN LAW OFFICE FOR 2010 PROSECUTION SERVICES (k)CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1 - LETTING NO. 11, PROJECT NO. 09-12 (LES KOUBA PARKWAY IMPROVEMENTS) (l)SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON DECEMBER 8, 2009 (m)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)6, 6(c)1, 6(d), 6(f) and 6(l) were pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)6 had further discussion. Council Member Haugen verified that the county was aware of the new location. No changes are necessary to the Conditional Use Permit that was issued several years ago. Motion by Haugen, second by Arndt, to approve Item 6(b)6. Motion carried unanimously. Item 6(c)1 had further discussion. John Rodeberg, SEH Engineering, presented before the Council. Mr. Rodeberg noted that 13 conditions were attached to the approval of this item by the Planning Commission. Mr. Rodeberg noted that, in response to Item No. 3 on the Resolution, the applicant will be installing a 2 CITY COUNCIL MINUTES –DECEMBER 22, 2009 permanent turnaround, so the temporary turnaround condition can be removed. The applicant will also be paving all the trails on the property as requested. Cary Linder, Hutchinson Area Health Care, presented before the Council. Mr. Linder noted that an April groundbreaking is expected. The construction should take 10-12 months. Motion by Czmowski, second by Haugen, to approve Item 6(c)1. Motion carried unanimously. Item 6(d) had further discussion. Gary Plotz, City Administrator, noted that the contract with Ameresco states that data is to be provided to the City by the end of January. Ameresco is asking for more time to put that data together, therefore the workshop should be rescheduled to February 23, 2009. Second by Czmowski, second by Arndt, to change workshop to February 23, 2009, at 4:00 p.m. Motion carried unanimously. Item 6(f) had further discussion. Council Member Haugen acknowledged that the fire department received a $250 donation from Walmart and a $25 donation from Ms. Bielke and $50 from Our Saviors. The Police Department received $1000 from WalMart. Motion by Arndt, second by Haugen, to approve Item 6(f). Motion carried unanimously. Item 6(l) had further discussion. Mayor Cook noted no official action was taken on the 2010 goals. He suggested reviewing the goals prior to the next Council workshop on January 12, 2010. Motion by Haugen, second by Arndt, to approve Item 6(l). Motion carried unanimously. 7.PUBLIC HEARINGS – 6:00 P.M. 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)ORDINANCE NO. 09-0536 – AN ORDINANCE REGULATING WINTER PARKING (SECOND READING AND ADOPTION) John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that feedback has been received by staff since the first reading of this ordinance. Based on the feedback received, staff is suggesting that a few changes be made to the first version of the ordinance. These changes include revising the 48-hour period to a 24-hour period and revising the parking restriction from midnight to 7:00 a.m. Mr. Olson spoke on the signs currently in place and which ones will be removed. Council Member Arndt expressed his opposition to the proposed ordinance. He believes that the current system works just fine. Gary Plotz spoke about magnets that staff is looking into having made with snow emergency notification information. Motion by Czmowski, second by Haugen, to adopt revised Ordinance No. 09-0536. Roll call vote was taken: Haugen – aye; Arndt – nay; Czmowski – aye; Cook – aye. Motion carried 3 to 1. (b)CONSIDERATION FOR APPROVAL OF USE OF LIBRARY SQUARE AND SURROUNDING PARKING SPACES FOR “CORVETTES FOR A CAUSE” CAR SHOW ON MAY 29, 2010 Ron Cleland, Corvettes for a Cause, appeared before the Council. Mr. Cleland noted that he has spoken with the police chief and downtown businesses and no issues have been brought up pertaining to their request. Motion by Haugen, second by Arndt, to approve use of Library Square and surrounding parking spaces for “Corvettes for a Cause” car show on May 29, 2010, and use of Recreation Center parking lot on May 30, 2010. Motion carried unanimously. 3 CITY COUNCIL MINUTES –DECEMBER 22, 2009 NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF MODIFICATIONS TO CELLULAR ANTENNA EQUIPMENT AT PARK TOWERS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a Conditional Use Permit was granted to AT&T in 2006 for the installation of cellular equipment at Park Towers. Part of the CUP stated that future modifications would need to be approved by the HRA and the City Council. AT&T is now requesting that an additional cabinet be installed on the roof, three of the six current antennas be exchanged and an additional six TMAs added to the existing antennas. These modifications conform to the current lease agreement. Motion by Arndt, second by Haugen, to approve modifications to cellular antenna equipment at Park Towers contingent on drawings being received by city staff. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF PUBLIC WORKS REORGANIZATION AND RECLASSIFICATION REQUESTS Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that due to staffing reductions within the Public Works department, assignments have been restructured and therefore the request of position reclassifications for the City Engineer and Water Systems Supervisor. The City Engineer position is being requested to be reclassified to a grade 16 and a title change to Public Works Director. The Water Systems Supervisor is being requested to be reclassified to a grade 10 and a title change to Water Superintendent. Motion by Czmowski, second by Haugen, to approve Public Works reorganization and reclassification requests. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF PROCEEDING TO ADVERTISE FILLING POSITION OF PLANNING/ZONING/BUILDING DIRECTOR Gary Plotz, City Administrator, explained that the Planning/Zoning/Building Director position has been vacant since August. Mr. Plotz has been filling this role since that time. The filling of this position could take up to three-four months. There are several projects to be addressed in 2010 as well as daily oversight and staffing Planning Commission and planning staff meetings. General discussion was held regarding staffing levels of the Planning/Zoning/Building department. Motion by Haugen, second by Arndt, to approve proceeding to advertise filling position of Planning/Zoning/Building Director. Motion carried unanimously. (d)CONSIDERATION FOR APPROVAL OF ADOPTING CITY OF HUTCHINSON 2010 TAX LEVY (ADOPT RESOLUTION NO. 13679) Mayor Cook reviewed the make up of the general fund levy, HATS facility and improvement bonds. The general fund levy does include the 2% cost of living adjustment which was originally proposed but will not be implemented in 2010, other than bringing those employees up to 80% on the compa-ratio table. Motion by Czmowski, second by Cook, to approve adoption of City of Hutchinson 2010 tax levy, adopting Resolution No. 13679. Motion carried unanimously. 4 CITY COUNCIL MINUTES –DECEMBER 22, 2009 (e) CONSIDERATION FOR APPROVAL OF ADOPTING 2010 GENERAL FUND BUDGET (ADOPT RESOLUTION NO. 13680) Mayor Cook asked about the low number of charges for services. Steve Heintz, Assistant Finance Director, commented that that number may remain low for the remainder of the year, but will remain as budgeted for 2010. Motion by Haugen, second by Arndt, to approve adoption of 2010 general fund budget, adopting Resolution No. 13680. Motion carried unanimously. (f)CONSIDERATION FOR APPROVAL OF ADOPTING CITY OF HUTCHINSON 2010 FEE SCHEDULE (ADOPT RESOLUTION NO. 13681) Mayor Cook that 95% of the fee schedule remained the same as 2009. Motion by Arndt, second by Czmowski, to approve adoption of City of Hutchinson 2010 fee schedule, adopting Resolution No. 13681. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF ADOPTING 2010 WATER BUDGET (ADOPT RESOLUTION NO. 13682) Motion by Czmowski, second by Arndt, to approve adoption of 2010 water budget, adopting Resolution No. 13682. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF ADOPTING 2010 SEWER BUDGET (ADOPT RESOLUTION NO. 13683) Motion by Arndt, second by Haugen, to approve adoption of 2010 sewer budget, adopting Resolution No. 13683. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP ON JANUARY 12, 2010, TO DISCUSS ENDS STATEMENTS Mayor Cook noted that two sessions were held with boards/commissions and members of the public. Based on these sessions, feedback was received and some possible revisions have been suggested. Motion by Arndt, second by Czmowski, to approve setting Council workshop on January 12, 2010, at 4:00 p.m. to discuss ends statements and to hold a goal review session beginning at 3:30 p.m. with Gary Plotz, City Administrator. Motion carried unanimously. Motion by Arndt, second by Haugen, to set organizational meeting as part of the regular Council meeting on January 12, 2010. 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) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM NOVEMBER 2, 2009 (b) LIQUOR HUTCH FINANCIAL REPORT FROM NOVEMBER 2009 (c) CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2009 (d)CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2009 (e)RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM DECEMBER 1, 2009 (f)HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY BOARD MINUTES FROM NOVEMBER 17, 2009 5 CITY COUNCIL MINUTES –DECEMBER 22, 2009 (g)PLANNING COMMISSION MINUTES FROM NOVEMBER 17, 2009 (h)PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2009 (i)OCTOBER 2009 AND NOVEMBER 2009 CITY OF HUTCHINSON WEB SITE STATISTICS REPORTS No action required for Items 11(a) - 11(i). MISCELLANEOUS 12. Marc Sebora, City Attorney, clarified that the liquor license fees for clubs had been lowered due to statutory requirements. Gary Plotz – Mr. Plotz noted that the building department is working on issues pertaining to the construction of the hangar at the airport. Mayor Cook – Mayor Cook asked that the Council as a whole formally request that the hospital board move their meeting day due to the conflict with the Council meetings. Council Member Eric Yost serves on both. th The HAHC Board currently meets the 4 Tuesday of the month. Discussion was held regarding potential alternate days of the week for the Council to meet. Motion by Arndt, second by Cook, to move the January 26, 2010, Council meeting to January 25, 2010, and formally request that the HAHC Board move their meeting day permanently. Motion carried unanimously. Discussion was held regarding liquor license compliance violations that occurred last week. Mayor Cook noted that Chad Czmowski has been serving on the Radio Board and has asked to be replaced. Mayor Cook offered to replace him. Discussion was held regarding consolidated dispatch centers and the purpose of the Radio Board. Motion by Arndt, second by Czmowski, to appoint Steve Cook to the Radio Board. Motion carried unanimously. Mayor Cook noted that he will be speaking with each Council Member about their appointments to the various boards prior to the January 12, 2010, Council meeting. Mayor Cook thanked staff for their hard work in 2009, which was a difficult year for the community. However, in light of the struggling economy, the City made great strides. ADJOURN 13. Motion by Arndt, second by Haugen, to adjourn at 7:05 p.m. Motion carried unanimously. 6