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10-12-2010 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 12, 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. – Due to the absence of the reverend, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Lee Henke presented before the Council. Mr. Henke spoke against the half-cent sales tax proposal. MINUTES 5. (a)REGULARMEETING OF SEPTEMBER 28, 2010 Motion by Czmowski, 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)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13796 - RESOLUTION FOR ACTIVATION OF DEFERRED ASSESSMENTS 2.RESOLUTION NO. 13797 - RESOLUTION FOR PURCHASE (PLAYGROUND EQUIPMENT AT JAYCEE PARK) 3.ORDINANCE NO. 10-0660 – AN ORDINANCE AMENDING ORDINANCE NO. 10-0551 ESTABLISHING A CREEKSIDE RENEWABLES ADVISORY BOARD (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 10-0661 – AN ORDINANCE AMENDING 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 (SECOND READING AND ADOPTION) (b)CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO NORTHERN TIER RETAIL LLC (LICENSE TRANSFER FOR SUPERAMERICA) (c)CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 5 – LETTING NO. 1, PROJECT NO. 09-01 (ENERGY PARK IMPROVEMENTS PHASE I) (d)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(a)4 was pulled for separate discussion. Motion by Czmowski, second by Yost, to approve consent agenda with the exception of the item noted above. Motion carried unanimously. Item 6(a)4 had further discussion. Mayor Cook made mention of the sign at Burich Arena and how this sign CITY COUNCIL MINUTES –OCTOBER 12, 2010 and other similar signs in residential areas, such as at schools and churches, comply with the proposed ordinance. Dan Jochum, Planning Director, noted that staff can review signs that are used for informational purposes, such as message scrolling, to be allowed in residential areas. He suggested tabling this item until the first meeting in November to allow the Planning Commission time to review proposed language pertaining to the type of signs that advertise public messaging as opposed to commercial advertising in residential areas. Motion by Czmowski, second by Yost, to table this item to the first Council meeting in November. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)ASSESSMENT HEARING FOR ADAMS STREET AND WASHINGTON AVENUE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 10-01) Kent Exner, City Engineer, explained that some items need to be tied out on the Adams Street/Washington Avenue project. These assessments are mainly related to either removal or addition of water/sewer utility services. All property owners are aware of the situation. Motion by Czmowski, second by Yost, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Yost, to approve revised assessment for Assessment Roll No. 5093, Letting No. 1, Project No. 10-01. 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 SENIOR CENTER HOURS OF OPERATION – IRENE MATUSEK Irene Matusek, 1210 Bradford Street SW, presented before the Council. Ms. Matusek explained that for the past 11 years she has spent approximately three hours a day involved in senior programs. Ms. Matusek, representing users of the Senior Center, requested that the City not close the Senior Center on Fridays as is being proposed due to budget constraints. The group asked that senior services remain a priority for the City and that a group be formed to research grants available to fund the Senior Center. Mayor Cook spoke of the budget constraints and that other opportunities need to be reviewed in order to help fund the Senior Center. UNFINISHED BUSINESS 9. (a)CONSIDERATION OF CONDITIONAL USE PERMIT, FINAL PLAT OF CROWN ADDITION 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) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the applicant has withdrawn the application for the conditional use permit, final plat and site plan review. The withdrawal is due to timing of scheduling issues. The applicant intends to continue to move forward with the project in 2011. Motion by Czmowski, second by Cook, to recognize withdrawal of application of Randy Anderson. Motion carried unanimously. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF SALE OF $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C (ADOPT RESOLUTION NO. 13798) Jeremy Carter, Finance Director, introduced Steve Apfelbacher of Ehlers & Associates. Mr. Apfelbacher 2 CITY COUNCIL MINUTES –OCTOBER 12, 2010 explained that the purpose of the sale of the general obligation improvement and refunding bonds is to refinance as a current refunding the 2012 through 2016 maturities of the $4,070,000 General Obligation Improvement Bonds, Series 2004A, dated August 24, 2004, and to provide long term financing for $2,500,468 of various 2010 improvement projects. Four bids were received with the low bidder being Wells Fargo Bank, National Association in Charlotte, North Carolina. The true interest cost came in at 2.0924%. Mr. Apfelbacher then reviewed the financial management debt plan levy schedule with the Council. Motion by Czmowski, second by Yost, to approve sale of $4,825,000 general obligation improvement and refunding bonds, Series 2010C, adopting Resolution No. 13798. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF DESIGNATING THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY AS A “LOCAL DEVELOPMENT ORGANIZATION (LDO)”, DE- FEDERALIZE FEDERAL MINNESOTA INVESTMENT FUND (MIF) DOLLARS AND AUTHORIZE TRANSFER OF SAID FUNDS TO THE HUTCHINSON EDA Miles Seppelt, Economic Development Director, presented before the Council. Mr. Seppelt explained that the EDA has obtained several grants on behalf of the City of Hutchinson from the state’s Minnesota Investment Fund in order to provide low interest loans to local businesses. These businesses include Warrior Manufacturing and Customer Elation for the purchase of equipment. Because these grant monies were originally from federal funds, the City of Hutchinson gets to keep 100% of the funds, plus interest, as the companies repay their loans. Both Warrior Manufacturing and Customer Elation have met their job creation goals as far as the State of Minnesota is concerned and both grants have been closed out by the State. The City can now re-lend those funds to other companies, however all federal rules and mandates must be observed that go along with those funds. These include that projects must complete an environmental review, at least 51% of all jobs created must go to “low-to-moderate” income (LMI) families and employees must be surveyed to determine LMI status and annual reports must be made to the State to document LMI job creation. The City can eliminate these federal rules and mandates by “de-federalizing” the Minnesota Investment Funds funds. If the funds are de-federalized, the funds can be used to assist businesses in a more streamlined fashion. The loan application process is more efficient, more businesses are eligible for funds and reporting requirements are eliminated for City staff and the companies lent to. These funds will still be used to aid local businesses and to create good-paying local jobs. If approved, the Minnesota Investment Fund dollars will have to be transferred from the City’s federal revolving loan fund to the EDA’s Economic Development Loan Fund, making the EDA the owner of the funds. Motion by Czmowski, second by Haugen, to approve designating the Hutchinson Economic Development Authority as a “local development organization”, de-federalizing federal Minnesota Investment Fund dollars and authorizing transfer of said funds to the Hutchinson EDA. Motion carried unanimously. Industrial Park ribbon-cutting ceremony is set for Monday, October 18, 2010, at 4:00 p.m. Motion by Yost, second by Czmowski, to set ribbon-cutting ceremony as public meeting. Motion carried unanimously. (c)DISCUSSION OF DANGEROUS DOG ORDINANCE – MAYOR COOK Mayor Cook reminded the Council of the discussion held at the last meeting with postal workers and the concern of dog bites. Mayor Cook noted that the City of Minneapolis has adopted a policy designating dogs as potentially dangerous if a person has to take defensive action such as jumping a fence or a postal worker using their mailbag as a shield. Police Chief Dan Hatten presented before the Council. Chief Hatten explained that he has met with representatives from the postal carrier group. He and the group discussed reporting issues that each entity can improve upon. A list of addresses will also be provided to the postal carriers identifying the residences that have dogs housed there that have been identified as potentially dangerous or dangerous. Mayor Cook suggested making sure meter readers have a listing of those residences with dangerous/potentially dangerous dogs. (d)CONSIDERATION FOR APPROVAL OF SETTING DATE TO CANVASS ELECTION RESULTS Marc Sebora, City Attorney, explained that state statute requires a municipality to canvass their municipal election results between the third and tenth day following an election. Therefore, the Council will need to 3 CITY COUNCIL MINUTES –OCTOBER 12, 2010 set their canvassing date between November 5 and November 12. The canvassing will take place at the Council meeting on November 9, 2010. (e)CONSIDERATION FOR APPROVAL OF SETTING GOAL-SETTING WORKSHOP WITH CITY ADMINISTRATOR AND CITY COUNCIL Mayor Cook suggested holding the workshop following the election. Motion by Czmowski, second by Yost, to table this item to the next meeting to allow for Council Member Arndt to be present in scheduling the workshop. Motion carried unanimously. (f)CONSIDERATION FOR APPROVAL OF SETTING COUNCIL BUDGET WORKSHOPS TO REVIEW REFUSE/STORMWATER/CREEKSIDE FUNDS AND WATER/SEWER FUNDS Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that the liquor fund will also need to be reviewed. Mr. Carter suggested setting the refuse/Creekside/stormwater/liquor funds for October 26, 2010, prior to the Council meeting. Mr. Carter suggested setting the water/sewer fund workshop prior to the Council meeting on November 9, 2010. Motion by Czmowski, second by Haugen, to approve setting Council budget workshops for October 26, 2010, and November 9, 2010, at 4:00 p.m. to review enterprise fund budgets. 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)PUBLIC LIBRARY BOARD MINUTES FROM JULY 26, 2010 (b)FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2010 (c)HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JULY 12, 2010, AND AUGUST 17, 2010 (d)PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM AUGUST 2, 2010 (e)LIQUOR HUTCH QUARTERLY REPORT FOR JULY – SEPTEMBER 2010 (f)CITY OF HUTCHINSON WEED NOTICE MONTHLY REPORT FOR SEPTEMBER 2010 MISCELLANEOUS 12. Eric Yost – Council Member Yost reminded residents not to rake leaves into the street until the day after th their garbage pick up. The program begins next week, October 19. Council Member Yost also congratulated Hutchinson Area Health Care on the groundbreaking ceremony held yesterday for the senior care campus project. Gary Plotz – Mr. Plotz commented on the activities staff has taken in getting information out regarding the local sales tax subject. Mr. Plotz also requested authorization for he and Doug Johnson, compost site manager, to travel to Lake Mills, Iowa to work with a new client, Perfect Circle Corporation. Motion by Czmowski, second by Yost, to approve out-of-state travel request for Gary Plotz and Doug Johnson to travel to Lake Mills, Iowa. Motion carried unanimously. Discussion was also held regarding possibly amending the travel policy to allow Creekside employees to travel within a certain radius, rather than having to seek approval to cross state lines to meet with customers. Training classes for employees would be consistent with the policy for other departments. Marc Sebora, City Attorney, noted that perhaps insurance coverage should be reviewed to ensure that proper insurance is in place when employees are out of state. 4 CITY COUNCIL MINUTES –OCTOBER 12, 2010 Mayor Cook – Mayor Cook noted that residents should have received information on the local sales tax option subject. Mayor Cook explained the necessity of instituting a local option sale tax for the City. Mayor Cook suggested that if Council Members continue to get calls and questions on the topic, perhaps another town hall meeting could be held. Mayor Cook also spoke of the benefit to county residents. ADJOURN 13. Motion by Czmowski, second by Yost, to adjourn at 7:00 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator 5