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11-08-2011 CCMMINUTES REGULAR MEETING Î HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 8, 2011 1. CALL TO ORDER Î 4:00 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, and Chad Czmowski. Member Eric Yost arrived at 4:15 p.m. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney 2. INVOCATION Î Pastor Brian Brosz, Congregational UCC, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF OCTOBER 25, 2011 Motion by Arndt, second by Christensen, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (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. ORDINANCE NO. 11-0681 Î AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY TIMOTHY AND REBECCA ALBRECHT LOCATED IN HASSAN VALLEY TOWNSHIP, SECTION 7 PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2(3) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 2. CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1 AND NO. 2 - LETTING NO. 4, PROJECT NO. 11-05 (2011 PAVEMENT MANAGEMENT PROGRAM Î PHASE 2) (b) CONSIDERATION FOR APPROVAL OF REQUEST FOR PUBLIC SALE OF SURPLUS PROPERTY (c) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO HEIDI PULKRABEK TO OPERATE A FACILITY LOCATED AT 47 NORTH MAIN STREET (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT-TERM GAMBLING LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 15, 2011 (e) CONSIDERATION FOR APPROVAL OF 2012 FEE AGREEMENT WITH GAVIN, OLSON, WINTERS, TWISS, THEIS & LONG, LTD. FOR PROSECUTION SERVICES CITY COUNCIL MINUTES ÎNOVEMBER 8, 2011 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(a)2 and 7(e) were pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a)2 had further discussion. Mayor Cook noted that Change Order No. 1 accounts for a $10,444.00 deduction to the contract amount. Kent Exner, City Engineer, explained that this change order is specific to Bradford, Jackson and Roberts Streets. Some additional excavation had to be completed on Bradford Street to account for the drain tile, however Jackson and Roberts had better subgrade material and no further excavation had to be completed, hence a $10,000 savings. Motion by Arndt, second by Cook, to approve Item 7(a)2. Motion carried unanimously. Item 7(e) had further discussion. Council Member Christensen questioned the contract and how many hours per month of service the City receives from the law firm. Marc Sebora, City Attorney, noted that typically the contracted law firm provides more hours to the City than the City is charged for due to the flat fee agreement. Council Member Christensen also asked why the City contracts with a firm in Glencoe. Mr. Sebora explained that the current law firm that the City contracts with is located directly across the street from the courthouse, which saves quite a bit on the hours for service due to no travel time having to be included. The City has also been contracting with the Gavin Law Office due to their expertise in municipal law and criminal prosecution. Council Member Christensen expressed that perhaps the City should keep this contracted service local if at all possible. Motion by Christensen, second by Arndt, to approve Item 7(e). Motion carried unanimously. 8. PUBLIC HEARINGS Î 6:00 P.M. Î NONE 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) DISCUSSION OF AIRPORT CONSULTANT REQUESTS FOR QUALIFICATIONS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a few years back staff had requested a similar process. This RFQ is to administer engineering services at the airport. Many projects at the airport that require FAA funding require much technical expertise, hence the use of a consultant. The FAA requires that all consultant agreements with municipal airports be renewed every three to four years. Mayor Cook noted some language that could be struck from the RFQ. He also questioned the language in the RFQ that states, ÐNegotiations for consulting fees will be accomplished after a firm has been selectedÑ. Mayor Cook suggested having this discussed prior to the firm selection. Mr. Exner thought perhaps this was language required by the FAA, however he will research if the language can be modified. Mayor Cook also questioned funds that were in the airport construction capital improvement fund in the amount of $136,000 a couple of years ago. He asked what those funds were used for and when they be paid back. Jeremy Carter, City Administrator, explained that the construction fund is adjusted until federal dollars are received. Mr. Carter went into detail about how adjustments are made to account for federal payments. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) DISCUSSION OF SEWER AND WATER AVAILABILITY CHARGE POLICY Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the 2011 policy including the 2 CITY COUNCIL MINUTES ÎNOVEMBER 8, 2011 background of its origination in the mid-1990s, how sewer availability charges (SAC) and water availability charges (WAC) are determined, the revenues collected from SAC/WAC, the SAC/WAC rates for 2011 and how the SAC/WAC fees are collected. General discussion was held regarding the rates Hutchinson charges compared to other communities and different approaches the City could consider. Council and staff concurred that commercial/industrial properties need to be reviewed and decided the best approach for calculating SAC/WAC charges in the future. Staff will do research amongst other regional centers and will propose language to the policy referencing a declining/progressive rate structure. (b) DISCUSSION OF RENEWABLE ENERGY SUITABILITY STUDY Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that previously Westwood Professional Services had been selected to complete a renewable energy study, specifically solar and wind energy, for the City of Hutchinson. The primary goal of the report was to begin to understand the CityÓs potential capacity to develop renewable energy, specifically solar and wind, at four selected City sites. John Paulson, Environmental Specialist, reviewed excerpts of the study with the Council. Among other things, the report covered life cycle costs and next steps to the renewable energy process. These next steps include having discussion with the Hutchinson Utilities Commission, an electric interconnection review, renewable energy system impact modeling and a more detailed cost analysis. Mayor Cook noted that an energy usage study was completed not too long ago and he suggested having that study updated annually. This report from Westwood will be used as baseline data going forward. 12. GOVERNANCE (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) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 20, 2011 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM SEPTEMBER 28, 2011 (c) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM AUGUST 22, 2011 (d) FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2011 (e) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2011 12(b) Î Council Member Yost commented on the reference to the Great River Energy settlement term sheet and questioned what that was. Mr. Yost commented on the large amount of dollars used to attempt to get energy from Big Stone II. Marc Sebora, City Attorney, noted that he will get clarification from the Hutchinson Utilities Commission General Manager. 12(c) Î Mayor Cook noted that Mary Henke, Librarian, had reviewed with the Library Board various options and penalties involved in going on alternate routes for Hutchinson Library service. Mayor Cook suggested that Ms. Henke provide this same update and information to the Council at a future Council meeting. 13. MISCELLANEOUS Council Member Arndt Î Council Member Arndt noted that a town hall meeting with local legislators is being held November 15, 2011, at 5:30 p.m. at Ridgewater College Motion by Christensen, second by Arndt to set November 15, 2011, at 5:30 p.m. as a public meeting. Motion carried unanimously. Discussion was held regarding a piece of property that the City owns along Hwy 7 West and the potential sale of that property to an interested party. This item will be on the next Council agenda. Council Member Yost Î Council Member Yost noted that a resident had asked him if the entrances to 3 CITY COUNCIL MINUTES ÎNOVEMBER 8, 2011 SuperAmerica on School Road could have a designated exit and designated entrance due to congestion. Kent Exner commented that there is no crash history in this area or any overlying safety issues. Mr. Exner noted that when Hwy 7 was reconstructed, staff had discussions with SuperAmerica about their access, however due to their configuration with the gas pumps and such, a one-way in/one-way out concept would be difficult for traffic flow on the property. Kyle Aerts, 821 Main Street, asked about street repair on Sioux Hills Road. Jeremy Carter, City Administrator, noted that although Sioux Hills Road is not in city limits, he explained that the property owners in that area will pay for the improvements. Mayor Cook - Mayor Cook noted that staff will be discussing how to close the financial gap on the Event Center. Mayor Cook asked if having a marketing study would be a good idea. The Council conceded that quotes of having a marketing study should be obtained. Mayor Cook also asked if a draft of the 2012 fee scheduled could be sent out to the Council prior to it being placed on the Council agenda. Mayor Cook noted that he was asked if more camper stalls could be installed at the cityÓs campground. General discussion was held regarding cost and use of the campground. Jeremy Carter will bring this topic to the attention of the Parks/Recreation Director Kyle Aerts presented again before the Council. Mr. Aerts noted that he is a skateboarder and recently the lights havenÓt been coming on at the skateboard park. This will be looked into. 14. ADJOURN Motion by Arndt, second by Yost, to adjourn at 5:57 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Jeremy J. Carter Mayor City Administrator 4