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05-22-2012 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 22, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and Eric Yost. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney. 2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Christensen thanked the volunteers that worked on the Harrington - Merrill House this past weekend. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MAY 8, 2012 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. RESOLUTION NO. 14006 — RESOLUTION AMENDING 2012 FEE SCHEDULE (CEMETERY RATES) 2. ORDINANCE NO. 12 -0687 — AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT FOR JAYCEE WATER CARNIVAL EVENTS ON JUNE 14 & 17, 2012 3. ORDINANCE NO. 12 -0688 - AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF USE OF SOUND AMPLIFICATION EQUIPMENT FOR RELAY FOR LIFE EVENT ON AUGUST 3, 2012 (b) PLANNING COMMISSION ITEM 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT TO ALLOW A BAND SHELTER/STAGE STRUCTURE IN THE FLOODWAY DISTRICT LOCATED IN WEST RIVER PARK WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT FINDINGS OF FACT RESOLUTION NO. 14007 AND RESOLUTION NO. 14008) (c) CONSIDERATION FOR APPROVAL OF ISSUING CARNIVAL PERMIT TO J &K AMUSEMENTS ON JUNE 1 — 3, 2012, AT HUTCHINSON MALL CITY COUNCIL MINUTES MAY 22, 2012 (d) CONSIDERATION FOR APPROVAL OF TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT GRANTS (e) APPOINTMENT OF COUNCIL MEMBER CHAD CZMOWSKI, CITY ADMINISTRATOR JEREMY CARTER AND MAYOR STEVE COOK AS CITY REPRESENTATIVES TO A COMMITTEE WITH HUTCHINSON UTILITIES COMMISSION REPRESENTATIVES TO DISCUSS POSSIBLE CHANGES TO THE ANNUAL TRANSFER FORMULA (f) CONSIDERATION FOR APPROVAL OF ANNUAL DAIRY DAY CELEBRATION (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (h) CONSIDERATION FOR APPROVAL OF ACCEPTING ADDITIONAL ITEMS PERTAINING TO THE HISTORICAL REGISTER DESIGNATION FOR THE HARRINGTON - MERRILL HOUSE FOR THE PUBLIC RECORD Item 7(b)l was pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 7(b) 1. Motion carried unanimously. Item 7(b)1 had further discussion. Council Member Yost noted that a canvass top is being proposed, however Council Member Yost asked if a more permanent roof structure would be requested, would the applicant have to go through the CUP process again. Dan Jochum, Planning Director, noted that a new CUP would not need to be applied for. This CUP is more for the structure itself. A different roof top would be approved by a building permit. Mayor Cook noted that on Resolution No. 14008, the first condition references an interim use permit and that language should be changed to read conditional use permit. Motion by Yost, second by Arndt, to approve Item 7(b)1. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. Always looking toward t e uture, not monitoring past) (a) PRESENTATION OF HUTCHINSON AREA HEALTH CARE ANNUAL REPORT — DR. STEVEN MULDER Dr. Steve Mulder, presented before the Council. Dr. Mulder noted that the lease agreement between the City and HAHC require that an annual presentation be given to the City from HAHC. Dr. Mulder reviewed such items as the 2011 audited financial results, performance parameters, service areas, community contributions, volunteer opportunities, new providers, and a senior care update. Projects for 2012 include an integration between Hutchinson Health Care and Hutchinson Medical Center and a new electronic record implementation. Council Member Arndt asked about special care offerings that Harmony River Senior Care may provide in the future. Dr. Mulder responded that specialized care offerings may be offered by various institutions. Mayor Cook asked about Burns Manor. Dr. Mulder noted that the equipment inside Burns Manor is being considered to be disposed of in various ways. Dr. Mulder explained that the building itself is a joint asset between the City and HHC. Dr. Mulder explained that the City and HHC are considering proposals that have come forward. (b) DISCUSSION OF AMENDMENTS TO CITY CODE SECTION 94.45 CEMETERY — MONUMENTS 2 CITY COUNCIL MINUTES MAY 22, 2012 AND MARKERS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that staff has been brainstorming ideas to make cemetery customers' experience of high quality. Part of that is providing customers as much information upfront as it pertains to monument dimensions. The proposed ordinance amendment includes language clarifying maximum sizes and provides staff with options to clearly communicate the monument requirements. Mayor Cook suggested changing the title of the proposed ordinance section to "Memorials (Monuments and Markers)" versus "Monuments and Markers" to reflect the amended language throughout the ordinance. Any other suggestions to the ordinance can be directed to John Olson. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AUTHORIZING PRESALE REPORT AND PROCEEDING WITH FINAL SALE OF GENERAL OBLIGATION BONDS Bruce Kimmel, Ehlers & Associates, presented before the Council. Mr. Kimmel provided an overview of the presale report for a proposed refunding of current bond issues. This is solely to refinance at a lower interest rate. The City will see a net savings of $306,000 upon refinancing. Motion by Czmowski, second by Yost, to approve Resolution No. 14009 to provide for the sale of $5,035,000 general obligation refunding bonds, series 2012B. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICY NO. 1.13 — PETTY CASH - CITY DEPARTMENTS AND CONSIDERATION OF ABOLITION OF POLICY NO. 1.16- FARMERS MARKET Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the policy pertaining to petty cash has some minor changes. These include striking out language that pertains to specific purchase dollar amounts and language pertaining to replenishing the petty cash fund as opposed to reimbursing the petty cash fund. The next policy pertains to the Farmers Market. The policy on record notes that the Farmers Market has ongoing approval of utilizing First Avenue SE next to Library Square on Saturday mornings and Wednesday afternoons. Because this is not current practice and the Farmers Market is in process of relocating to a permanent home not on First Avenue SE, Mr. Carter is proposing to strike this policy. If the relocation of the Farmers Market should fall through for any reason, a new policy would be drafted. Motion by Christensen, second by Yost, to approve Policy No. 1.13 and abolish Policy No. 1.16. Motion carried unanimously. (c) DISCUSSION OF CITY HUTCHINSON POLICY NO. 1.08 — BOARDS, COMMISSION AND COMMITTEES -TERMS AND CITY OF HUTCHINSON POLICY NO. 1.15 — LICENSES AND PERMITS Jeremy Carter, City Administrator, presented before the Council. Mr. Carter noted that Policy No. 1.08 deals with the terms of the various city boards and commissions. Language is proposed to be added to the policy indicating that an individual can serve two full terms, excluding the filling of an unexpired term. Mayor Cook suggested adding "consecutive" before "two full terms ". It was also suggested to add language that after two full terms, an individual must have a waiting period of one year and then can be appointed again. Mr. Carter shared a table showing discrepancies between City code and the proposed policy. Discussion was held on the Planning Commission. The ordinance establishing the Planning Commission states that the Mayor shall serve as an ex- officio member. Mayor Cook suggested striking that language from the ordinance. The Council agreed with this suggestion. The ordinance establishing the Tree Board holds language stating the City Forester shall serve as an ex- officio member. In practice, because the City no longer has a City Forester position, the Natural Resource Coordinator has been working with the Tree Board and has retained the duties of the City Forester. It was suggested to change the language in the ordinance to read Natural Resource Coordinator. Council Member Yost suggested language such as CITY COUNCIL MINUTES MAY 22, 2012 "Natural Resource Coordinator or equivalent" so that the ordinance wouldn't have to be changed each time the correlating position might change. Council Member Czmowski asked if a Council Member needs to be appointed to the Tree Board and Library Board. The Tree Board is evolving and the structure of it will continue to be discussed. Council Members felt that it was good to have a Council Member on the Library Board. It was also discussed perhaps the Head Librarian could serve as an ex- officio member with regular updates to the Council. Jeremy Carter will check with the librarian and will then add language to the ordinance reflecting that accordingly. Mr. Carter reviewed the Parks, Recreation, Community Education Board. The ordinance establishing the PRCE Board states it will have 13 board members, 10 being from the community, plus one council member, one school board member and one youth representative. However, current practice has been having a seven - member board with one council member, one school board member and no youth membership. Mr. Carter explained that school district staff and the PRCE Director meet with youth in the schools on a regular basis. Mayor Cook suggested that the PRCE minutes explain youth communication. The ordinance will be changed to reflect a seven - member board. Mayor Cook noted that a few years ago the Council approved no terms limits for the EDA Board. This language will be added to the policy. The Hutchinson Utilities Commission was discussed. Mayor Cook noted that the HUC may include a City Council Member as the policy states, however the City Council Member is appointed annually. That language will be added to the policy for clarification. Mr. Carter then reviewed Policy No. 1.15 — Licenses and permits. A majority of the licenses included in this policy require by ordinance Council action to issue a license. The Council needs to set direction as to what licenses they would like to delegate to a department for issuance, if any. Mayor Cook noted that the licenses that require Council action are nice to come to the Council for awareness. By bringing licenses to the Council agenda, it brings forth Council and public awareness. Discussion was held regarding the various licenses and what may or may not be delegated to staff. Feedback from Council Members may be directed towards the City Administrator and a revised policy will be before the Council at a future meeting. (d) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR JUNE 26, 2012, AT 4:00 P.M. (RIVER PRESERVATION AND WATERSHED DISTRICT DISCUSSION) Council Member Arndt noted that Diane Sander of Crow River Organization of Water should be part of this workshop. Motion by Arndt, second by Christensen, to set Council workshop for June 26, 2012, to discuss river preservation and watershed district. Motion carried unanimously. 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) CITY COUNCILMUTCHINSON UTILITIES COMMISSION JOINT MEETING MINUTES FROM MAY 2, 2012 (b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 17, 2012 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2012 (d) PLANNING COMMISSION MINUTES FROM SPECIAL MEETING OF MAY 1, 2012 (e) JOINT PLANNING BOARD MINUTES FROM APRIL 18, 2012 (f) CITY OF HUTCHINSON FINANCIAL REPORTS FOR APRIL 2012 11 CITY COUNCIL MINUTES MAY 22, 2012 (g) CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2012 Mayor Cook raised some questions about the revenues in the water and sewer funds. Mayor Cook also questioned whether depreciation should be accounted for in the HATS fund. 13. MISCELLANEOUS Eric Yost — Council Member Yost announced he will not be running for another term as Council Member. Chad Czmowski — Council Member Czmowski announced he will be running again for another term as Council Member. Jeremy Carter — Mr. Carter noted that the Council needs to set a public meeting for May 31, 2012, at 12:00 noon for the HUC Generation Plan presentation. Motion by Christensen, second by Arndt, to set May 31, 2012, at 12:00 noon at City Center for HUC Generation Plan presentation. Motion carried unanimously. The river fountain is proposed to be put in place this Friday, if all goes well. John Olson explained the repairs that have been made to the fountain. Mayor Cook — Mayor Cook mentioned that the lease amendment related to the Hutchinson Health Care /City of Hutchinson will be presented at the next Council meeting. A town hall meeting will be held the week of June 18th to discuss the proposed lease amendments. Motion by Arndt, second by Yost, to set June 18, 2012, at 6:30 p.m. as town hall meeting at City Center. Motion carried unanimously. Mayor Cook noted that at the joint City Council/HUC meeting, the group briefly discussed vehicle /equipment and additional employee sharing amongst the two organizations. Mayor Cook asked Mr. Carter to follow up with HUC and the general manager about those potentials. Mayor Cook also noted he is putting a group together to discuss the vacant big box buildings on Hwy 15 South. Mayor Cook mentioned that a group will be formed to discuss updating the Downtown Plan. Council Member Czmowski will be the Council/EDA representative on that committee. Mr. Carter explained that the EDA is waiting for the phase 2 environmental study to proceed with the depot project. Mayor Cook commented on nuisance properties and asked that a report be generated with various categories, such as safety, aesthetics, structural, etc.; complaint- based, other and have information included on the Planning /Zoning /Building monthly report. Also, Mayor Cook mentioned perhaps a timeline of when properties are taken care of can be included, such as 30 days, 60 days, 90 days, etc. 14. ADJOURN Motion by Arndt, second by Christensen to adjourn at 7:20 p.m. Motion carried unanimously