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06-08-2010 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, JUNE 8, 2010 1. CALL TO ORDER Î 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, Eric Yost and Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 2. INVOCATION Î No invocation was given. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Ron Cleland, 385 Ottawa Avenue, presented before the Council. Mr. Cleland presented on behalf of the Corvettes for a Cause who recently had a car show near Library Square and used the Rec Center parking lot. Mr. Cleland thanked Hutchinson Police Services for their assistance. Mr. Cleland presented a check in the amount of $300 to the City of Hutchinson. The Corvettes for a Cause show raises money for the American Cancer Society and Breast Cancer Awareness. 5. MINUTES (a) REGULAR MEETING OF MAY 25, 2010 (b) BID OPENING MINUTES FROM JUNE 2, 2010 (SHERWOOD STREET EXTENSION AND SEALCOATING PROJECT) Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (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. 13753 Î RESOLUTION AUTHORIZING AN ABSENTEE BALLOT BOARD (c) CONSIDERATION FOR APPROVAL OF SHORT TERM GAMBLING LICENSE FOR MCLEOD COUNTY VOITURE 414 FOR NOVEMBER 23, 2010, AT AMERICAN LEGION POST 96 (d) CONSIDERATION FOR APPROVAL OF SHORT TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 12, 2010 (e)REAPPOINTMENT OF TOM WIRT TO PUBLIC ARTS COMMISSION TO AUGUST 2011 AND REAPPOINTMENT OF BUZZ BURICH TO PUBLIC ARTS COMMISSION TO AUGUST 2012 (f) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH DEPARTMENT OF PUBLIC SAFETY FOR E-CHARGING (g) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 4 Î LETTING NO. 1, PROJECT NO. 09-01 (ENERGY PARK IMPROVEMENTS PHASE 1) (h) CONSIDERATION FOR APPROVAL OF COOPERATIVE PROJECT AGREEMENT FOR 2010 WATERMAIN REHABILITATION CITY COUNCIL MINUTES Î JUNE 8, 2010 (i) CONSIDERATION FOR APPROVAL OF ITEMS FOR SHERWOOD STREET SE EXTENSION PROJECT (LETTING NO. 2, PROJECT NO. 10-02) (j) CONSIDERATION FOR APPROVAL OF MN/DOT PARTNERSHIP MASTER SERVICE AGREEMENT AMENDMENT (k) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO JAY MALONE MOTORS FROM JUNE 12 Î 19, 2010, AT HUTCHINSON MALL (l) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(h) was pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 6(h). Motion carried unanimously. Item 6(h) had further discussion. Mayor Cook asked Kent Exner, City Engineer, to review the watermain Rehabilitation project and partnership that the City is entering into. Mr. Exner explained that the watermain on the east shoulder of Hwy 15 south of downtown is proposed to be replaced. This watermain has had several repairs over the recent years. The agreement being considered is between the City of Hutchinson, City of Golden Valley and City of Fridley to bid the project out as one, however to allow each city to reserve the right to reject their respective portion of the work. This partnership should receive lower bid prices and secure a work schedule priority. Motion by Haugen, second by Cook, to approve Item 6(h). Motion carried unanimously. 7. PUBLIC HEARINGS Î 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING BONDS TO REFUND ALL OR PORTION OF CITYÓS GENERAL OBLIGATION MEDICAL FACILITIES REVENUE BONDS, SERIES 2002D (APPROVE RESOLUTION NO. 13750 AND 13751) Jeremy Carter, Finance Director, noted that the City retains an AA- bond rating from Standard & PoorÓs. Mr. Carter introduced Steve Apfelbacher from the CityÓs financial advising firm, Ehlers & Associates. Mr. Apfelbacher explained the purpose of this eveningÓs public hearing. The purpose is to refinance the 2012 through 2023 maturities of the $7,000,000 General Obligation Medical Facilities Revenue Bonds, Series 2002D, as an advance crossover refunding. Mr. Apfelbacher noted that the Series 2010A General Obligations Medical Facilities Revenue Refunding Bonds see an overall savings of $409,400 which is a savings percentage of 5.418%. Mr. Apfelbacher also reviewed the issue of $770,000 Taxable General Obligation Medical Facilities Revenue Refunding Bonds, Series 2010B. This issue sees a savings of $37,340 with a savings percentage of 4.620%. Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve issuing bonds to refund all or portion of CityÓs General Obligation Medical Facilities Revenues Bonds, Series 2002D, approving Resolution Nos. 13750 and 13751. Motion carried unanimously. (b) DISCUSSION OF ORDINANCE NO. 10-0548 Î AN ORDINANCE REGULATING THE KEEPING OF HONEYBEES WITHIN THE CITY LIMITS OF HUTCHINSON Mayor Cook noted that this topic has been discussed at a few different meetings and the ordinance has been revised a few times. Council Member Yost asked if anyone had consulted on what a reasonable colony size is. Mayor Cook noted that this language was modeled after the City of MinneapolisÓs ordinance. Mayor 2 CITY COUNCIL MINUTES Î JUNE 8, 2010 Cook spoke about the benefits honeybees provide to the environment. He suggested that perhaps language be added allowing additional help to Hutchinson Police Services should it be needed for clean up and other issues with the costs being assessed to the property owner. Mayor Cook suggested that the City Attorney contact the City of Minneapolis and discuss enforcement issues. Council Member Czmowski noted that he has not received positive feedback on the proposed ordinance. He has received comments from parents who have concerns for their children and allergic reactions. He also noted that there may be enforcement issues for Hutchinson Police Services. Council Member Arndt suggested shelving this item due to low public comment at meetings. He suggested letting nature be nature instead of perhaps bringing in items that might be concerning to some residents. Motion by Czmowski, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Arndt, to table item indefinitely until demand warrants differently. Mayor Cook noted he did receive a comment from a resident who had concerns with bee sting allergies. Motion carried unanimously. (c) DISCUSSION OF ORDINANCE NO. 10-0549 Î AN ORDINANCE GRANTING A FRANCHISE TO SKIP QUADE TO AFFIX A WALL MURAL AT 140 MAIN STREET (SECOND READING AND ADOPTION JUNE 8, 2010) Council Member Haugen asked if mural lighting had been discussed. Bob Peterson, project coordinator, presented before the Council. Mr. Peterson noted that discussion was held regarding lighting. He noted that a necessity was not found. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Mayor Cook suggested that the franchise be labeled specifically for the mural for consideration and that should the mural be revised, consent from the Council would have to be requested. An additional section could be added to the ordinance stating, ÐThis franchise agreement only pertains to the mural that was commissioned by Kay Peterson and of the design presented to the City Council. Any substantial changes/additions to mural would require City Council approval.Ñ as a Section 9. Motion by Arndt, second by Czmowski, to approve Ordinance No. 10-0549 with the additional language noted above. Motion carried unanimously. 8. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) UPDATE ON TOBACCO AND LIQUOR LICENSE VIOLATIONS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in December 2009 Hutchinson Police Services conducted compliance checks for tobacco and liquor license holders. A total of eight violations occurred at the following businesses: tobacco Î Econo Foods, Cenex (both locations), Caseys; liquor Î Main Street Sports Bar, Sinclair Gas Station, Econo Foods, Elks Lodge. All of the tobacco license holders have waived their right to a hearing and have paid their administrative penalty. The liquor license holders have a right to a hearing as well. Main Street Sports Bar and Sinclair Gas Station have waived their right to a hearing, Econo Foods is still pending in the court system and the Elks have requested a hearing. Motion by Haugen, second by Yost, to set liquor license violation hearing for June 29, 2010, at 5:00 p.m. Motion carried unanimously. 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ESTABLISHING CREEKSIDE ADVISORY BOARD (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0551 FOR JUNE 22, 2010) 3 CITY COUNCIL MINUTES Î JUNE 8, 2010 Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that several years ago an ad hoc advisory committee was formed to discuss neighborhood issues relating to Creekside compost facility. The committeeÓs breadth has grown over the years, as well as the facilityÓs business, and therefore it seems worthwhile to form a formal board with specific representation. Council Member Arndt, whom serves on the current committee, spoke about the positive things Creekside is doing. Mayor Cook suggested the words, appointed by the Mayor with ratification by the Council, be added in 10(C). He also spoke about term limits and that no specified length of years be indicated. He suggested making language changes to be consistent with other board limits. Motion by Arndt, second by Haugen, to set second reading and adoption of Ordinance No. 10-0551 for June 22, 2010, with the suggested language changes. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2010 STREET SEAL COATING PROJECT (LETTING NO. 12, PROJECT NO. 10-13) Î ACCEPTING BID AND AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that three bids were received for the seal coating project. The low bid came in from Pearson Bros. Inc. of Hanover, Minnesota. Their bid was approximately 14% lower than the final engineerÓs estimate for the project. The project will be funded from the general fund along with construction bonding. Motion by Arndt, second by Czmowski, to accept bid and award contract for 2010 street seal coating project. Motion carried unanimously. (c) DISCUSSION OF HOLDING AN ADVISORY REFERENDUM IN NOVEMBER ON A LOCAL ½% SALES TAX DEDICATED TO HELPING PAY OFF THE WATER AND WASTEWATER PLANT EXPANSION DEBT Mayor Cook noted that there was a previous moratorium set by the state legislature that ended May 30, 2010. Mayor Cook explained that cities have gone to their voters first and then the legislature and have also gone to the legislature first and then to the voters. Mayor Cook suggested putting the referendum on the November election ballot, and if approved, then move to the legislature at the next session. City Attorney Sebora will research the necessary language and timeframes to have it on the November ballot. (d) CONSIDERATION FOR APPROVAL OF SETTING BUDGET WORKSHOP IN JULY Motion by Haugen, second by Yost, to set budget workshop for July 13, 2010, at 4:00 p.m. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR JUNE 22, 2010, FOR AN UPDATE ON THE IMPLEMENTATION OF NUISANCE ORDINANCE Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that City staff has implemented the nuisance ordinance that was adopted late in 2009. Staff would like to provide the Council a status report on the project. General discussion was held regarding enforcing the ordinance. Mayor Cook asked that staff consider how other cities handle costs that are incurred related to enforcement. Motion by Arndt, second by Haugen, to set Council workshop for June 22, 2010, at 4:00 p.m. for an update on the implementation of nuisance ordinance. Motion carried unanimously. 11. GOVERNANCE (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) FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2010 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 20, 2010 4 CITY COUNCIL MINUTES Î JUNE 8, 2010 (c) CITY OF HUTCHINSON WEED NOTICES MONTHLY REPORT FOR MAY 2010 Mayor Cook asked if the weed notice report is complaint-based or proactive enforcement. Gary Plotz noted that it was both. No action required for Items 11(a) Î 11(c). 12. MISCELLANEOUS (a) RESOLUTION NO. 13754 Î RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY Gary Plotz noted that this auction is through the State of Minnesota. This is an auction that Hutchinson Police Services has not been a part of in the past. Motion by Arndt, second by Cook, to approve Resolution No. 13754. Mayor Cook suggested trying to sell surplus property at consignment sales as well if we havenÓt already. Motion carried unanimously. Jim Haugen Î Council Member asked about patching on Main Street and the matching of the concrete. Kent Exner noted that patching with blacktop is Mn/DOTÓs method mainly due to costs. Bill Arndt Î Council Member Arndt commented on the upcoming Water Carnival celebration next week, as well as Dairy Days this Friday. Eric Yost Î Council Member Yost commented on the comments he has received related to the mayorÓs term and the power to appoint board members. Kent Exner Î Mr. Exner reviewed the Washington/Adams project. Mayor Cook Î Mayor Cook noted there is Board of Review training coming up this fall. Mayor Cook commented on Item 6(a) of the agenda and how it is no longer being utilized. An ordinance change will be considered at an upcoming meeting. 13. ADJOURN Motion by Arndt, second by Yost, to adjourn at 7:10 p.m. Motion carried unanimously. 5