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08-23-2011 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 23, 2011 CALL TO ORDER – 5:30 P.M. 1. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, and Eric Yost. Member absent was Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney INVOCATION 2. – Due to the absence of the pastor, the invocation was dispensed. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. MINUTES 5. (a)SPECIAL MEETING OF AUGUST 4, 2011 (b)REGULAR MEETING OF AUGUST 9, 2011 Motion by Arndt, second by Christensen, 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. 13909 – RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY (BICYCLES) 2.RESOLUTION NO. 13914 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 3.RESOLUTION NO. 13916 – RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY 4.ORDINANCE NO. 11-0678 – AN ORDINANCE AUTHORIZING THE TRANSFER OF RD MUNICIPALLY OWNED REAL PROPERTY LOCATED ADJACENT TO 540 3 AVENUE NW AND AUTHORIZING JEREMY J. CARTER TO EXECUTE DOCUMENTS FOR TRANSACTION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 13, 2011) (b) CONSIDERATION FOR APPROVAL OF IMP0ROVEMENT PROJECT SUPPLEMENTAL AGREEMENTS – SUPPLEMENTAL AGREEMENT NO. 2 (LETTING NO. 1, PROJECT NO. 11-01 – SCHOOL ROAD NW IMPROVEMENTS) (c)PLANNING COMMISSION ITEMS 1.CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARK WEGSCHEID, CITY COUNCIL MINUTES –AUGUST 23, 2011 BROADBAND CORP., TO ALLOW A WIRELESS INTERNET SERVICE PROVIDER OFFICE IN THE INDUSTRIAL/COMMERCIAL DISTRICT LOCATED AT 585 HWY 7 WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13913) (d)CONSIDERATION FOR APPROVAL OF ISSUING CATERING PERMIT TO NATHAN BUSKA OF ONE EYED WILLY’S LLC FOR AUGUST 27, SEPTEMBER 24 AND OCTOBER 22, 2011, AT HUTCHINSON EVENT CENTER (e)CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON GUIDELINES AND PROCEDURES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT (f)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(a)3 was pulled for separate discussion. Motion by Arndt, second by Christensen, to approve consent agenda with the exception of the item noted above. Motion carried unanimously. Item 6(a)3 had further discussion. Council Member Yost asked for an explanation of what the Resolution means. Jeremy Carter, City Administrator, explained that any time a city is issuing bonds for improvement projects and is reimbursing themselves, a formal Resolution should be adopted in accordance with IRS guidelines. Mr. Carter explained that the City’s bonds are issued in the Fall, however, several of the payments to the contractors are paid out through the summer. Because of this, the City’s financial advisor has recommended that the City adopt a Resolution authorizing reimbursement indicating that the bond proceeds have been used for improvement projects. As noted before, the IRS also requires this documentation. Motion by Yost, second by Arndt, to approve Item 6(a)3. Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. 7. (a)ASSESSMENT HEARING & PROJECT AWARD FOR 2011 PAVEMENT MANAGEMENT PROGRAM – PHASE II (LETTING NO. 4, PROJECT NO. 11-05) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that bids were opened on July 14, 2011. The low bid was very favorable coming in with a total construction cost amount approximately 11% lower than the engineer’s estimate. The project includes improvements to Roberts Street, Jackson Street, Bradford Street and Linden Avenue SW/Sunset Street intersection. The low bidder was Wm Mueller & Sons Inc. with a bid amount of approximately $326,000. Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously. Motion by Yost, second by Christensen, to approve project award for 2011 Pavement Management Program Phase II. 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 STORM TREE DAMAGES AND CLEAN UP ACTIVITIES John Olson, Public Works Manager, presented before the Council. Mr. Olson provided an update of the activities taken in response to the windstorm of July 1, 2011. Mr. Olson noted that it took staff approximately three weeks to clean up all of the debris and to address damaged trees. The initial response costs for this clean up was approximately $98,000. These costs include equipment, personnel/benefits, grinding brush, tree replacements and contract brush chipping/removal. Additional work is still necessary at some park properties, however this work is being deferred until conditions improve in the parks. The compilation of these costs is necessary in order to be reimbursed by FEMA. A huge advantage to the city is 2 CITY COUNCIL MINUTES –AUGUST 23, 2011 having the brush chipper. UNFINISHED BUSINESS 9. (a)SETTING THE DATE AND FORMAT FOR 2011 ANNUAL CITY RECOGNITION EVENT Brenda Ewing, Human Resource Director, presented before the Council. Ms. Ewing noted that at the last Council meeting the Council had considered setting the annual recognition event for September 22, 2011, however was uncertain whether or not there was a conflicting meeting at the same time. In checking, it appears that there are no conflicting meetings, therefore Ms. Ewing noted that September 22, 2011, was still a viable option. Other dates in September and October could be considered as well. Motion by Arndt, second by Yost, to set annual recognition event for September 28, 2011, at 5:30 p.m. Motion carried unanimously. (b)SETTING A PUBLIC MEETING FOR THE 2011 ANNUAL CITY RECOGNITION EVENT AT THE HUTCHINSON EVENT CENTER Motion by Arndt, second by Yost, to set annual recognition event on September 28, 2011, at 5:30 p.m. as public meeting. Motion carried unanimously. (c)CONSIDERATION FOR APPROVAL OF ACCEPTANCE OF FAA GRANT FOR AIRPORT IMPROVEMENTS (Letting No. 8/Project No. 11-11) John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the Mn/DOT Aeronautics office has reviewed the grant application, however still has it in hand. Mr. Olson requested that the Council approve Resolution No. 13915 which authorizes the mayor and city administrator to serve as signatories on all project grant documents when they are received by the City. The FAA had initially stated that the deadline for the grants to be signed and returned to them was September 9, 2011. By approving this Resolution, the deadline will be met. Motion by Arndt, second by Christensen, to approve acceptance of FAA grant for Hutchinson Municipal Airport. Motion carried unanimously. NEW BUSINESS 10. (a)CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13906 – A RESOLUTION APPROVING LAWS OF MINNESOTA, 2011, CHAPTER 7 AND CONSIDERATION OF ORDINANCE NO. 11-0679 – AN ORDINANCE IMPLEMENTING LOCAL SALES AND USE TAX AND MOTOR VEHICLE EXCISE TAX (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 13, 2011) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year, the Minnesota legislature passed a law authorizing the City to impose a 0.5% local sales tax. As part of that, the City must approve a Resolution accepting the legislation and also adopt a local ordinance imposing the local sales tax. Mr. Sebora explained in more detail the imposition of an excise tax for motor vehicles. As part of the ballot language, the City proposed a $20.00 excise tax on registered motor vehicles as opposed to a 0.5% sales tax. Discussion was held regarding motor vehicles and sales/excise tax. Mr. Sebora reviewed the details of the ordinance. It was noted that the Minnesota Department of Revenue has provided assistance through this process. Council Member Christensen asked if the sunset provision should be part of the ordinance. Mayor Cook noted it was included in the law that was passed by the legislature, however it probably would be a good idea to include it in the ordinance as well. Mr. Sebora stated he will look into including it in the ordinance. Motion by Arndt, second by Christensen, to approve Resolution No. 13906 and to waive first reading and set second reading and adoption of Ordinance No. 11-0679, with language revisions, for September 13, 2011. Motion carried unanimously. 3 CITY COUNCIL MINUTES –AUGUST 23, 2011 (b)CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON’S COMPREHENSIVE/LIABILITY COVERAGE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the City has general liability insurance coverage with the League of Minnesota Cities Insurance Trust. The LMCIT is requesting that all cities that have coverage with them approve the coverage and that the tort limits are not waived. Mayor Cook asked that a memo explaining this be put forth at the next meeting. Motion by Yost, second by Cook, to table this item to September 13, 2011. 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)PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 6, 2011 (b)WEED NOTICES MONTHLY REPORT FOR JULY 2011 (c)HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 21, 2011, AND JULY 19, 2011 (d)JOINT PLANNING BOARD MINUTES FROM JUNE 15, 2011 (e)PLANNING COMMISSION MINUTES FROM JUNE 21, 2011 11(b) – Council Member Arndt expressed that he feels July is too late to be sending out weed notices as it is too late to take care of the weeds. He thought that reminders used to be sent out in January. Kent Exner, City Engineer, explained that these may or may not have been the first notices sent out, but that he would check with the environmental specialist who takes care of the weed notices. MISCELLANEOUS 12. (a)RESOLUTION NO. 13917 – A RESOLUTION AUTHORIZING THE CITY OF HUTCHINSON TO JOIN TH THE NATIONAL MOMENT OF REMEMBRANCE OF THE 10 ANNIVERSARY OF SEPTEMBER TH 11 Jeremy Carter, City Administrator, explained that the federal government is recommending holding a time of remembrance at 1:00 p.m. eastern time on September 11, 2011, in memory of the terrorist attacks on September 11, 2001. The federal government is asking that all Americans stop doing business, if feasible, during that time for one minute to remember those who were, and have been, effected by the attack ten years ago. In addition to this remembrance time, sirens and bells may be sounded. Motion by Arndt, second by Christensen, to approve Resolution No. 13917. Motion carried unanimously. Mary Christensen – Council Member Christensen noted that she has received several comments on the discussion surrounding around the possible closure of the Event Center/Senior Center. She encouraged all those interested to attend the Town Hall Budget meeting being held tomorrow night. Mayor Cook clarified that when this was discussed at a workshop, it was noted that an alternative location would be sought for a senior center if there are changes at the Event Center. Bill Arndt – Council Member Arndt noted that the National Legion Convention is being held in Minneapolis. He also noted that a Hutchinson student, Bobby Rasmussen, will be receiving the National Eagle Scout Award. It was noted that Mr. Rasmussen should be invited to a future Council meeting to be recognized for this great honor. Jeremy Carter – Mr. Carter noted that Creekside will begin their 24-hour operations tonight and should be complete Friday. Mr. Carter also reminded the group that the Town Hall Budget meeting will be held tomorrow night at 7:00 p.m. at the City Center. He also noted that a bond sale will be upcoming in October. Kent Exner – Mr. Exner noted that the McLeod For Tomorrow Transportation Forum is being held 4 CITY COUNCIL MINUTES –AUGUST 23, 2011 September 22, 2011, from 1:00 – 4:00 p.m. at Glencoe City Hall. Mn/DOT future plans, McLeod County future plans, and City projects will all be discussed. Time for trails, regional airport and other miscellaneous topics will be discussed. Mayor Cook noted that Carver County’s transportation plan may be a good document to review. Motion by Arndt, second by Cook, to set September 22, 2011, from 1-4pm at Glencoe City Hall for McLeod For Tomorrow Transportation Forum. Motion carried unanimously. Mayor Cook – Mayor Cook noted that not only is a Town Hall Budget Meeting being held tomorrow night at 7:00 pm, but also a Public Arts Town Hall Meeting is being held on August 25, 2011, at 7:00 pm at the City Center. This has been set as a public meeting. Mayor Cook also mentioned that Senator Amy Klobuchar was in Hutchinson today and met with city and area representatives. ADJOURN 13. Motion by Arndt, second by Christensen, to adjourn at 6:45 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 5