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.
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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)
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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
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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.
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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