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12-28-2010 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 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, Bill Arndt and Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney INVOCATION 2. – Due to the absence of a pastor, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)REGULARMEETING OF DECEMBER 14, 2010 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)RESOLUTIONS AND ORDINANCES (b)PLANNING COMMISSION ITEMS TH 1.CONSIDERATION OF REZONING PROPERTY AT 1105 5 AVENUE SW FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO I-1 (LIGHT INDUSTRIAL DISTRICT) FOR RECYCLABLE MATERIAL COLLECTION CENTER REQUESTED BY MCLEOD COUNTY, PROPERTY OWNER (ADOPT RESOLUTION NO. 13833 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11-0665 FOR JANUARY 11, 2011) (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO VFW POST 906 AUXILIARY ON FEBRUARY 5, 2011; MARCH 5, 2011; APRIL 2, 2011; AND APRIL 22 & 23, 2011 (d)BOARD APPOINTMENTS/REAPPOINTMENTS -REAPPOINTMENT OF TERRY KEMPFERT AND JOANNE WILMERT TO PUBLIC ARTS COMMISSION TO AUGUST 2013 -APPOINTMENT OF DIANA ANDERSON TO HUTCHINSON AREA HEALTH CARE BOARD AS CITY APPOINTEE FOR A THREE-YEAR TERM -REAPPOINTMENT OF HARRIET STURGES, RICK REINER AND CARROL OLSON TO SENIOR ADVISORY BOARD TO JANUARY 2014 (e)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Czmowski, second by Yost, to approve consent agenda. Motion carried unanimously. Mayor Cook recognized Council Member Jim Haugen and City Administrator Gary Plotz as tonight is their last meeting. Mayor Cook spoke of the accomplishments of each of them during their tenure. PUBLIC HEARINGS – 6:00 P.M. 7. CITY COUNCIL MINUTES –DECEMBER 28, 2010 (a)CONSIDERATION FOR APPROVAL OF AN ORDINANCE APPROVING FRANCHISE AGREEMENT WITH MCLEOD COUNTY UNITED WAY TO PERMIT A SIGN ON CITY PROPERTY IN LIBRARY SQUARE (FIRST READING, SET SECOND READING AND ADOPTION FOR JANUARY 11, 2011) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the franchise agreement to be considered is to allow the United Way to place a thermometer sign in Library Square from November 1 to March 1. The items to act on are the length of the agreement and a fee to impose if any. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Arndt, to approve first reading of Ordinance No. 11-0664, granting franchise to McLeod County United Way to permit a sign on city property in Library Square for a term of five years between the months of November and March and waiving the filing fee. 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 ONE-DAY LIQUOR STORE CLOSING Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in June 2010 the Liquor Hutch failed a liquor license compliance check. The employee of the Liquor Hutch has recently been sentenced for Selling Liquor to a Minor. The Liquor Hutch is licensed by the State of Minnesota and not the City of Hutchinson, therefore the City cannot impose sanctions against the liquor store. However, in keeping with the consequences that have been levied against city alcohol license holders for similar violations in the past, Mr. Sebora suggested that the City should consider imposing some type of penalty or remedial measure against the liquor store. Staff at the Liquor Hutch have already undergone additional remedial training in an effort to prevent this situation from happening again. Mr. Sebora suggested that the Liquor Hutch be closed for a day early next year. He reminded the Council that the State of Minnesota does have the power to suspend the operation of the Liquor Hutch for up to 30 days based on the criminal conviction of the employee. Council Member Arndt suggested that the Liquor Hutch be ordered to get card readers, just as the other establishments were ordered to do. Jeremy Carter, Finance Director, noted that he, as soon-to-be City Administrator, has considered closing the store on January 3, 2011. He thought that taking proactive measures may look favorable to the State. Council Member Arndt suggested that the Liquor Hutch close for one day, and be required to purchase card readers and to have a large sign placed on the front door on that closed day explaining why they are closed. Motion by Arndt, second by Haugen, to close the Liquor Hutch on January 3, 2011, to order the Liquor Hutch to purchase card readers and require that the Liquor Hutch place a large sign on the front door on January 3, 2011, explaining that they are closed due to the liquor license violation. After discussion on the lack of necessity of Council action on this item, Council Member Arndt withdrew the motion. UNFINISHED BUSINESS 9. (a)CONSIDERATION FOR APPROVAL OF PROPOSED CHANGES TO HUTCHINSON HEALTH CARE BYLAWS Mayor Cook noted that this item was last discussed in November. Mayor Cook noted a few items were simply “cleaned up” in the bylaws surrounding committee appointments. Dr. Steve Mulder, Hutchinson Area Health Care CEO, presented before the Council.Dr. Mulder explained that the changes were primarily driven by allowing the board more flexibility in appointments. The HAHC Board has approved the amendments as well. Motion by Czmowski, second by Yost, to approve proposed changes to Hutchinson Health Care Bylaws. Motion carried unanimously. 2 CITY COUNCIL MINUTES –DECEMBER 28, 2010 (b)PRESENTATION BY CHIEF DAN HATTEN ON PEDESTRIAN SAFETY AND UPDATE ON SNOW EMERGENCY ORDINANCE PROCEDURES Police Chief Dan Hatten presented before the Council. Chief Hatten presented information to the Council on pedestrian safety and rules and regulations. Chief Hatten then provided statistics to date related to the snow emergency ordinance. There have been five snow emergencies so far this season. These statistics included number of citations issued and number of vehicles towed. Chief Hatten noted that with each citation issued, the Police Department provides an informational sheet on how residents can be notified of snow emergencies and how to take care of the imposed fine. Council Member Yost asked if there has been an improvement in snow removal operations with the relatively new snow emergency ordinance. John Olson, Public Works Manager, noted that a vast improvement has been seen with the implementation of the ordinance. Discussion was held regarding the snow removal budget. Mr. Olson explained that the major issues surround fuel costs and overtime hours. General discussion was also held surrounding locations to dump snow. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF NEW ACCOUNTING STANDARDS FOR FUND BALANCE – ADOPTING A REVISED GENERAL FUND BALANCE POLICY AND COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS (ADOPTING RESOLUTION NOS. 13826 AND 13827) Dave Blumberg, Assistant Finance Director, presented before the Council. Mr. Blumberg explained that the Government Accounting Standards Board has issued a statement to address issues related to how fund balance was being reported and to clarify the definitions of the governmental fund types. The implementation of this statement must be adhered to by December 31, 2011. Therefore, staff is requesting that the Council update the general fund balance policy. In addition, the City must formalize the commitment of the specific revenue sources to the specified purposes so that the funds may continue to be reported as special revenue funds. The general fund balance policy will be revised to identify the classifications of fund balance/procedures. These include funds that are nonspendable, restricted, committed, assigned and unassigned. The revised policy also addresses monitoring and reporting. The Resolution for consideration of committing specific revenue sources in special revenue funds identifies specifically the revenue source of each special revenue fund and the specific purposes for which they are committed. Motion by Czmowski, second by Cook, to approve general fund balance policy and committing specific revenue sources in special revenue funds, adopting Resolution Nos. 13826 and 13827. Motion carried unanimously. (b)CONSIDERATION FOR APPROVAL OF ADOPTING 2011 COMPENSATION PLAN (ADOPT RESOLUTION NO. 13828) Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the plan document speaks to the plan’s objectives, structure, open salary range, position classification assignment, allocation of new positions, pay grades, apprenticeship program, performance evaluations, annual market adjustment consideration, modification of the plan, review of the plan, and filing of the plan. Ms. Ewing noted that merit/performance 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 means that the effective date for 2011 will be March 6. New employees are eligible for consideration for a merit/performance increase after one year of continuous employment, generally the first anniversary date. The pay grid has not changed from 2010. Motion by Czmowski, second by Cook, to adopt 2011 compensation plan, approving Resolution No. 13828. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 GENERAL FUND BUDGET (ADOPT RESOLUTION NO. 13829) 3 CITY COUNCIL MINUTES –DECEMBER 28, 2010 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter reviewed the general fund budget for 2011. The total budget is proposed at $10,637,539. Mr. Carter put forth two options as it pertains to the decision not to renew the membership to the Coalition of Greater Minnesota Cities. The first option is to leave the levy as is keeping the $18,000 in the budget, with the second option being to remove the $18,000 and reducing the tax levy. Motion by Arndt, second by Czmowski, to adopt 2011 general fund budget as written which includes the $18,000, approving Resolution No. 13829. Roll call vote was taken: Haugen – nay; Arndt – aye; Yost – nay; Czmowski – aye; Cook – aye. Motion carried 3 to 2. (d)CONSIDERATION FOR APPROVAL OF ADOPTING CITY OF HUTCHINSON 2011 GENERAL FUND AND DEBT TAX LEVY (ADOPT RESOLUTION NO. 13830) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the 2011 general fund and debt tax levy is proposed at $6,360,187. The levy includes the general fund, the voter approved mosquito referendum, the HATS General Obligation Bond and other improvement bonds. Motion by Czmowski, second by Haugen, to adopt City of Hutchinson 2011 general fund and debt tax levy, approving Resolution No. 13830. Motion carried unanimously. (e)CONSIDERATION FOR APPROVAL OF ADOPTING 2011 HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY TAX LEVY (ADOPT RESOLUTION NO. 13831) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the HRA tax levy is proposed at $130,000. The levy cap allowed by statute is $163,250. The $130,000 levy is the same as 2010. Motion by Arndt, second by Haugen, to adopt 2011 Hutchinson Housing & Redevelopment Authority tax levy, approving Resolution No. 13831. Motion carried unanimously. (f)CONSIDERATION FOR APPROVAL OF ADOPTING 2011 HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY TAX LEVY (ADOPT RESOLUTION NO. 13832) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the EDA tax levy is proposed at $159,985. This is the statutory cap allowed. This levy is down by 3% from 2010. Motion by Haugen, second by Arndt, to adopt 2011 Hutchinson Economic Development Authority tax levy, approving Resolution No. 13832. Motion carried unanimously. (g)CONSIDERATION FOR APPROVAL OF ADOPTING FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR 2011-2015 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that Minnesota statute requires that the City adopt a capital improvement plan due to the fact that the City issues general obligation bonds. The CIP plan is a guide only and does not give authorization for the projects until formally approved by the City Council. This plan gets updated on an annual basis and lays out capital expenditures greater than $10,000 over the next five years and the potential funding sources for those expenditures. General questions were asked about specific items within the capital improvement plan. Motion by Haugen, second by Czmowski, to adopt five year capital improvement plan for 2011-2015. Motion carried unanimously. (h)CONSIDERATION FOR APPROVAL OF RENEWING 2011 MEMBERSHIP T O COALITION OF GREATER MINNESOTA CITIES Mayor Cook introduced Bradley Peterson from the Coalition of Greater Minnesota Cities (CGMC). Mr. Peterson explained the membership of and benefits of the Coalition. Mr. Peterson explained that the CGMC 4 CITY COUNCIL MINUTES –DECEMBER 28, 2010 focuses on local government aid, annexation/land use, economic development, transportation and energy/environment exclusively for greater Minnesota cities. Mr. Peterson explained the work the CGMC does versus the League of Minnesota Cities or in addition to the League of Minnesota Cities. Mayor Cook spoke about the necessity of local government aid. Mayor Cook also spoke of a letter he distributed that was written by the mayor of Alexandria who is a former president of the Coalition and is the incoming president to the League of Minnesota Cities. The Alexandria mayor spoke of the benefits of the CGMC. Mayor Cook noted there are three important points in considering renewing the membership to the CGMC: 1.) is LGA important; 2.) leadership/engagement standpoint – part of the city’s vision statement and ends policy (to be involved and advocate for city issues); 3.) relationship building with the legislature and other city officials. General discussion was held regarding the importance of educating and informing Hutchinson’s state legislators. Discussion was held amongst council members as to renewing membership to the Coalition. Council Member Czmowski was in support of renewing, Council Member Yost was not in support as he does not see the value in the membership compared to the cost and he does not feel the City has the funds for it at this time. Also Council Member Yost noted the fact that CGMC only had 80 members out of hundreds that could have joined in the last 30 years. Mayor Cook replied that this shows that Hutchinson needs to be a regional leader. Council Member Arndt commented that he is aware that the City needs a voice at the Capitol, however he has concerns over taxing the citizens for the membership. Mayor Cook shared a comment made by Glencoe Mayor Randy Wilson which was: of all years, this is the year to be represented. Mr. Peterson noted that membership dues have been frozen since 2009. Motion by Czmowski, second by Cook, to renew membership to Coalition of Greater Minnesota Cities. Roll call vote taken: Haugen – nay; Arndt - abstain; Cook – aye; Yost – nay; Czmowski – aye. 2 to 2 vote. Motion fails. (i)CONSIDERATION FOR APPROVAL OF RESCHEDULING JOINT CITY COUNCIL/HUTCHINSON UTILITIES COMMISSION MEETING Mayor Cook noted that originally the HUC/Council meeting was set for January 26, 2011. However, the Council has a work session scheduled on January 25, 2011, for the City Administrator’s review which may establish goals pertaining to the HUC. Mayor Cook suggested the dates of February 22, 23 and March 8, 2011, to bring forth to the HUC to consider. The Council concurred that those dates should be presented to HUC for consideration. 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 NOVEMBER 16, 2010 MISCELLANEOUS 12. Council Member Yost – Council Member Yost noted that a citizen had suggested to him that a Park & Ride lot be considered for those who commute to the Twin Cities. Kent Exner – Mr. Exner noted that the City has received funds from Mn/DOT for the Les Kouba Parkway and the McLeod County Rail Authority has authorized that the funds may be kept with the City if they are designated to the Les Kouba Parkway corridor. Mayor Cook – Mayor Cook noted that some representatives from the Farmers’ Market had approached him with concerns of the location and processes for the Farmers’ Market. He directed them to meet with the Hutchinson Downtown Association. Motion by Czmowski, second by Arndt, to set January 7, 2011, at 4:30 p.m. for the Leader Back Door Party. Motion carried unanimously. 5 CITY COUNCIL MINUTES –DECEMBER 28, 2010 ADJOURN 13. Motion by Czmowski, second by Arndt, to adjourn at 8:35 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 6