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09-28-2010 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 28, 2010 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, and Chad Czmowski. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Paulus Pilgram, Faith Lutheran Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF SEPTEMBER 14, 2010 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)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13788 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2.RESOLUTION NO. 13789 – RESOLUTION TO SELL AT AUCTION AND DONATION OF FORFEITED VEHICLES 3.ORDINANCE NO. 10-0557 – AN ORDINANCE AMENDING CITY CODE CHAPTER 152 – SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 10-0660 – AN ORDINANCE AMENDING ORDINANCE NO. 10-0551 ESTABLISHING A CREEKSIDE RENEWABLES ADVISORY BOARD (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 12, 2010) (b)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF SECOND ORDER POINT FOR THE DRIVE-THRU AT MCDONALD’S RESTAURANT LOCATED AT 1098 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13790) 2.CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 154 – ZONING; SECTION 154.004, DEFINITIONS, SECTION 154.136, GENERAL REQUIREMENTS FOR SIGNS; SECTION 154.138, PROHIBITED SIGNS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10-0661 FOR OCTOBER 12, 2010) 3.CONSIDERATION OF CONDITIONAL USE PERMIT, FINAL PLAT OF CROWN ADDITION CITY COUNCIL MINUTES – SEPTEMBER 28, 2010 AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A DAY CARE AND THERAPY FACILITY LOCATED IN THE CROWN ADDITION PLAT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13791) (c)APPOINTMENTS TO ADVISORY BOARDS CREEKSIDE RENEWABLES ADVISORY BOARD - BOB ANDERSON TO OCTOBER 2011 - MARION FILK AND BRANDON FRASER TO OCTOBER 2012 - BOB PETERSON, NATHAN WINTERS AND JULIE NEUBARTH TO OCTOBER 2013 PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD -JOHN RODEBERG TO AUGUST 2013 (d)CONSIDERATION FOR APPROVAL OF EXTENDING LIFTING PARKING RESTRICTIONS ON SCHOOL ROAD SW BETWEEN ALAN STREET SW AND LAKEVIEW LANE SW (e)CONSIDERATION FOR APPROVAL OF SETTING HEARING ON PROPOSED REVISED ASSESSMENT (ADAMS STREET/WASHINGTON AVENUE PROJECT) ST (f)CONSIDERATION FOR APPROVAL OF CLOSING 1 AVENUE SE ON OCTOBER 30, 2010, FOR MONSTER MASH EVENT (g)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a)3, 6(b2), 6(b)3, and 6(f) were pulled for further discussion. Motion by Haugen, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a)3 had further discussion. Mayor Cook asked if in Section D, the subsections should contain language pertaining to “legal non-conformities” similar to how the language is written in the subsections of Section E. Dan Jochum, Planning Director, explained that with the “legal non-conformities” language contained in Section D, that the language covers the subsections within Section D. Marc Sebora, City Attorney, clarified that the way Section D is written is adequate. Motion by Yost, second by Czmowski, to approve Item 6(a)3. Motion carried unanimously. Item 6(b)2 had further discussion. Dan Jochum, Planning Director, explained that this ordinance includes regulations on, among other things, electronic signs. Currently, the City has electronic signs constructed that would be regulated with the proposed ordinance, however because these signs already exist, they will be grandfathered in. Mr. Jochum explained that staff has completed quite a bit of research on dynamic signs, which include flashing and electronic signs. Motion by Haugen, second by Yost, to approve Item 6(b)2. Motion carried unanimously. Item 6(b)3 had further discussion. Dan Jochum, Planning Director, noted that the applicant asked that this item be tabled. Motion by Czmowski, second by Yost, to table Item 6(b)3. Motion carried unanimously. Item 6(f) had further discussion. Mayor Cook clarified that this event is called the Spooky Sprint as opposed to the Monster Mash event as described. Motion by Czmowski, second by Cook, to approve Item 6(f). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)DISCUSSION RELATING TO A PROJECT ON BEHALF OF HUTCHINSON SENIOR CARE 2 CITY COUNCIL MINUTES – SEPTEMBER 28, 2010 SERVICES; GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF REVENUE BONDS RELATING THEREIN (ADOPT RESOLUTION NO. 13793) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the City of Hutchinson is performing as the conduit for issuance of revenue bonds for the Hutchinson Senior Care project. The City is proposed to be the issuer of short-term bonds for the project, as the hospital is unable to do so. With the City being the issuer, the hospital can perhaps see a more advantageous interest rate. Mr. Carter described the total financial package for the funding of the project that the hospital is seeking. Mayor Cook asked if the City needs to make this approval contingent on the hospital acquiring long-term financing through the USDA. Mr. Carter explained how both the short-term and long-term financing are really contingent on each other. Although the City is the issuer, the hospital will be the borrower. Motion by Yost, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Cook, to approve granting preliminary approval to the issuance of revenue bonds relating to a project on behalf of Hutchinson Senior Care Services, adopting Resolution No. 13793. 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) (a)DISCUSSION OF HUTCHINSON CITY CODE CHAPTER 93 – DOGS AND CATS (DEE VAN KLEY) Dee Van Kley, 813 Greensview Court NW, postal carrier, presented before the Council. Ms. Van Kley spoke before the Council relating to the danger of dogs. Ms. Van Kley spoke about incidents of dog bites that postal carriers have encountered. Marc Sebora, City Attorney, spoke about the dangerous dog process and requirements. Daniel Christie, US Post Office supervisor, presented before the Council. Mr. Christie provided statistical information on dog attacks on postal workers. Mr. Christie asked for a more aggressive approach from the police department and animal control when dog attacks are reported. Rusty Merrill, postal worker, presented before the Council. Mr. Merrill spoke on a dog attack that has caused him to be out of work for six weeks. Molly Morefew, postal carrier, presented before the Council. Ms. Morefew explained that she was bit a few years ago and went to the hospital. She was informed that upon a hospital visit, a police report is mandatory. (b)DISCUSSION OF PROPOSED 2011 SCHOOL ROAD NW PROJECT STATUS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that discussion has been held in the past of adding a trail on School Road NW, north of Rolling Oaks Lane. Mr. Exner further explained that federal aid documentation is being completed to obtain grant funding ($920,000) to complete this project next year. The project will include road reconstruction as well. Mr. Exner explained the configuration of the project to the Council. The project would be proposed with a 35 foot roadway with parking on the east side of the road and no parking on the west side. A 10-foot trail would be constructed along with a five-foot grass boulevard on the west side. The boulevard is necessary due to the street being a state aid route. Discussion was held on the width of the trail and the width of the parking lane. Mayor Cook suggested asking Mn/DOT for a variance to decrease the trail width to 8 feet. Dan Jochum, Planning Director, spoke before the Council. Mr. Jochum explained that at the state planning conference last week, the issue of state standards was discussed. The state standards of street/trail/parking widths is being considered to be reduced. The Council was in consensus of the proposal presented by Mr. Exner. Motion by Czmowski, second by Cook, to approve the School Road NW project as proposed. Motion 3 CITY COUNCIL MINUTES – SEPTEMBER 28, 2010 carried unanimously. (c)DISCUSSION OF WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY STATUS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that based on feedback received from Council Members after the last Council workshop, staff will continue to examine a fixed base rate structure, as well as rate increases across the board, and rate increases amongst commercial/industrial users. A breakout will also be completed on the charging out of wastewater usage. Staff is proposing holding another workshop on November 9, 2010. At the workshop, various options will be presented with the consequences of each. UNFINISHED BUSINESS 9. (a)UPDATE ON SEPTEMBER 27, 2010 POLICE COMMISSION REVIEW OF POLICE DEPARTMENT POSITIONS FOR LAYOFF AND CONSIDERATION OF LAYOFF RECOMMENDATION Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that at the last Council meeting, the Council directed the Police Commission to review again the two positions being considered for layoff at the police department. The issues the Police Commission reviewed at their meeting yesterday included individually reviewing the affected employees’ service records and determining the definition of “position” within the City of Hutchinson Police Civil Services rules. This definition interpretation received the additional expertise of employment law Attorney Scott Lepak with the law firm of Barna, Guzy and Steffen. Mr. Lepak was recommended to the City by the League of Minnesota Cities. Upon review and discussion, the Police Commission voted to uphold the Police Chief’s recommendation to layoff Community Services Officer, Bob Winslow, based on years of service. The Police Commission also voted to affirm that the position of Police Administrative Secretary is a unique position as defined by the City of Hutchinson, and, therefore, to move forward with the layoff of the Administrative Secretary, employee Lisa Grina. Mayor Cook noted that this affirms the process was followed appropriately by city staff. Motion by Czmowski, second by Cook, to accept the recommendations of the proposed layoffs by the Police Commission. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF PROPOSED CHANGES TO HUTCHINSON HEALTH CARE BYLAWS Mayor Cook noted that he has met with Dr. Steve Mulder with changes to the bylaws from both the City side and hospital side. Dr. Mulder is going to bring proposed changes to the hospital board. Mayor Cook asked that this item be tabled until further information from the Hutchinson Health Care Board. Motion by Czmowski, second by Haugen, to table this item. Motion carried unanimously. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13794 - A RESOLUTION APPROVING A REVISED PRE-SALE REPORT FOR $4,825,000 GENERAL OBLIGATION IMPROVEMENTS BONDS, SERIES 2010C AND CONSIDERATION FOR APPROVAL OF REFUNDING SERIES 2004A Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that at the last Council meeting, the Council approved issuing bonds for street improvement projects. Since that time, a refinancing opportunity has surfaced to be rolled into the issuance of the bonds that were approved at the last meeting. With the refinancing, a total savings of almost $140,000 will be seen over the life of the bonds. Motion by Yost, second by Haugen, to approve revised pre-sale report for $4,825,000 general obligation improvement bonds, Series 2010C, adopting Resolution No. 13794. 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)PLANNING COMMISSION MINUTES FROM AUGUST 17, 2010 4 CITY COUNCIL MINUTES – SEPTEMBER 28, 2010 (b)JOINT PLANNING COMMISSION MINUTES FROM JUNE 16, 2010 (c)PLANNING/ZONING/BUILDING DEPARTMENT MONTHLY REPORT FOR JULY AND AUGUST 2010 MISCELLANEOUS 12. (a)CONSIDERATION FOR APPROVAL OF FIRE DEPARTMENT VEHICLE RESTRUCTURING Jim Popp, Fire Department Batallion Chief, presented before the Council. Mr. Popp explained that due to future staff reductions of fire department personnel, the fire department is requesting to trade or sell the 1999 Chevrolet pick-up and the 2005 Dodge Dakota pick-up and replace them with one pre-owned sport utility vehicle or pick-up that would seat up to five adults, plus have equipment carrying capability. This would reduce the department’s fleet. Motion by Czmowski, second by Haugen, to approve fire department vehicle restructuring. Motion carried unanimously. Jim Haugen – Council Member Haugen asked when a new comprehensive plan is slated to be completed. Dan Jochum, Planning Director, explained that he is currently developing a work program and he is considering bringing the discussion to the Planning Commission at their next meeting, followed by a City Council workshop, with work beginning on the plan in early 2011. Kent Exner – Mr. Exner provided updates on the Adams Street project, with expected complete opening in November. Street lights on Washington Avenue have had issues with the project specifications and the vendor. Photocells have had to be ordered to turn the lights off and on. The leaf vacuum service is scheduled to begin October 19, 2010. Mayor Cook – Mayor Cook also spoke on policy governance and how it should be utilized appropriately. He spoke specifically on expenditures that are budgeted and identifying items to be allocated for funding. He suggested setting $10,000 as an amount to be brought forward to the Council at workshops for their information. Council Member Czmowski suggested setting the dollar amount higher than $10,000. Jeremy Carter, Finance Director, spoke on line item details. Mr. Carter can determine the dollar amount threshold to bring forward to the Council. ADJOURN 13. Motion by Yost, second by Cook, to adjourn at 7:30 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator 5