01-22-2002 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
JANUARY 22, 2002
1. CALL TO ORDER - 5:30 P.M.
Mayor Marlm Torgerson called the meeting to order. Council Members present were John
Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City
Administrator and John Rodeberg, Director of Engineering/Public Works.
2. INVOCATION - Rev. Kevin Oster, Our Savior's Lutheran Church, delivered the invocation.
3. MINUTES
(a) REGULAR MEETING OF JANUARY 8, 2002
Minutes were approved as presented
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES FROM
NOVEMBER 15, 2001
2. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR NOVEMBER 2001
3. HUTCHINSON AREA HEALTH CARE BOARD MEETING MINUTES FROM
DECEMBER 18, 2002
4. CITY OF HUTCHINSON FINANCIAL REPORT FOR DECEMBER 2001
5. CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT FOR DECEMBER 2001
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 11865 - RESOLUTION FOR PURCHASE - ENGINEERING
SERVICES AND REPLACEMENT WINDOWS
2. RESOLUTION NO. 11870 - RESOLUTION RELEASING PLEDGED SECURITIES
FROM CITIZENS BANK & TRUST COMPANY
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A
MOTORCYCLE REPAIR, SALES AND PAINTING BUSINESS IN THE VC ZONING
DISTRICT AS REQUESTED BY MICHAEL ANDERSON, APPLICANT AND
BERNIE MCRAITH, OWNER, 700 AIRPORT ROAD WITH STAFF
RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT
RESOLUTION NO. 11867)
2. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A 14 X 30 FOOT
ACCESSORY TEMPORARY BUILDING FOR STORAGE IN AN I/C DISTRICT
AND CONSIDERATION OF REZONING FROM Rl TO I/C AS REQUESTED BY
LOWELL BAUMETZ (MODERN MAZDA), 585 HIGHWAY 7 WEST WITH STAFF
RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT
RESOLUTION NO. 11868) (WAIVE FIRST READING AND SET SECOND READING
AND ADOPTION FOR FEBRUARY 12, 2002)
3. CONSIDERATION OF A CONDITIONAL USE PERMIT TO CREATE A
RECREATIONAL PARK FACILITY WHICH WOULD INCLUDE A SKATE PARK,
CITY COUNCIL MINUTES - JANUARY 22, 2002
BMX TRACK, SOFTBALL FIELD AND PLAYGROUND AREA WITHIN AN R2
ZONING DISTRICT AS REQUESTED BY WORD OF LIFE CHURCH, 950 SCHOOL
ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE
RECOMMENDATION (ADOPT RESOLUTION NO. 11869)
4. CONSIDERATION OF A SKETCH PLAN TO SUBDIVIDE 26 SINGLE FAMILY
LOTS AND REZONING FROM AN R4 TO AN R3 DISTRICT AS REQUESTED BY
ED RETTMANN, JR. (WAIVE FIRST READING AND SET SECOND READING AND
ADOPTION FOR FEBRUARY 12, 2002)
(d) APPOINTMENT OF MEMBERS TO SENIOR ADVISORY BOARD
JULIE JENSEN, NEW APPOINTMENT TO 2005
MARY BRAUN, REAPPOINTMENT TO 2005
GALE NELSON, REAPPOINTMENT TO 2005
(e) CONSIDERATION FOR APPROVAL TO PURCHASE HANDHELD RADIOS
(f) CONSIDERATION FOR APPROVAL OF STATE PREMISE PERMIT RENEWAL
APPLICATION FOR VOITURE 414 40/8
(g) CONSIDERATION FOR APPROVAL OF LEASING OMNICELL MEDICATION
AUTOMATION SYSTEM FOR HUTCHINSON AREA HEALTH CARE
(h) CONSIDERATION FOR APPROVAL OF FEE SCHEDULES (POLICY NO. 2.22) FOR
CITY OF HUTCHINSON HANDBOOK
(i) CONSIDERATIONFORAPPROV AL OF OUT-OF-STATE TRAVEL FOR MIKE MIES
AND BRUCE FENSKE TO ATTEND V ACTOR TRAINING IN STREETER, ILLINOIS
IN APRIL 2002 AND FOR GARY PLOTZ AND RANDY DEVRIES TO ATTEND THE
BIOCYCLE CONFERENCE IN SAN FRANCISCO, CALIFORNIA ON MARCH 2 - 6,
2002
Mayor Torgerson noted that the Pioneerland Library Board is looking for a new board
member. Individuals interested may submit their names to the Hutchinson City Center.
Motion by Mlinar, second by Peterson, to approve consent agenda. Motion carried
unanimously.
John Mlinar commended the Word of Life Church on undertaking this project, especially
since this type of project is typically coordinated by the City's Parks Department.
5. PUBLIC HEARING - 6:00 P.M. - NONE
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) REVIEW OF GOVERNOR'S PROPOSED STATE SHORT FALL
Mayor Torgerson stated that the state's budget shortfall would impact the City of Hutchinson
by cutting funds in the amount of approximately $565,000. Ken Merrill, Finance Director,
reviewed Governor Ventura's plan to make up the budget deficit. The Governor's office is
proposing that cities use reserve funds to make up the difference in the lack of funding from
the state. Mr. Merrill stated that city directors are considering several alternatives to reduce
spending. Items that are currently in place include: hold on General Fund Employee hiring;
no expending of capital purchases; hold on expenditures and freeze capital expenditures
(excluding items affecting safety and approved by City Administrator). Mr. Merrill also
noted that Governor Ventura is also considering budget cutbacks for the year 2003 as well as
the current year. Mr. Ventura feels that Minnesota cities have reserve funding that they will
be able to fall back on.
2
CITY COUNCIL MINUTES - JANUARY 22, 2002
Duane Hoversten noted that the State is penalizing the cities for their own budget deficit.
7. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF LEGAL SERVICES FOR 2002
Marc Sebora, City Attorney, excused himself from the discussion.
Gary Plotz, City Administrator, explained that there are three items to consider for action: 1)
consideration of in-house attorney as compared to a contract with a law firm; 2)
consideration ofthe details ofthe employment contract; 3) consideration of appointing Marc
Sebora as the City Attorney
Mayor Torgerson that the process of hiring an in-house attorney has been considered at
length for 4-6 weeks and every detail has been considered thoroughly.
Duane Hoversten noted that due to a decrease in the quality of service over the last year, he
feels it would be a wise decision to hire an in-house attorney. However, he does feel that a
provision needs to be included with the approval of hiring a city-employed attorney. The
contract and review of services needs to be evaluated in two years (end of contract) to
determine whether or not this method oflegal representation is the most advantageous form
of representation.
Motion by Hoversten, second by Mlinarto hire an in-house, city-emplyed attorney for a two-
year term. Motion carried unanimously.
Motion by Peterson, second by Haugen to approve the employment contract as drafted.
Motion carried unanimouly.
Motion by Mlinar, second by Haugen, to appoint Marc Sebora as City Attorney contingent
upon meeting the criteria in the employment contract. Motion carried unanimously.
8. NEW BUSINESS
(a) CONSIDERATION OF RECLASSIFICATION REQUEST
Brenda Ewing, Human Resources Coordinator, explained that generally positions are
considered for reclassification in January of each year. However, last year no
reclassifications were considered due to the new pay plan/structure. Ms. Ewing explained
that five positions are up for consideration to be re-classified. The positions being
considered for reclassification are: Part-time Accounting Specialist, Adult Recreation
Programmer, Information Technology Manager, Human Resources Coordinator and Public
Works Specialist. Ms. Ewing detailed the proposed percentage increases for each position.
Motion by Haugen, second by Mlinar, to approve reclassification requests. Duane Hoversten
questioned whether or not discussion has been held with other directors/staff, especially in
relation to the Governor's cutting of funds. Gary Plotz noted that these position grades have
been considered for some time, and it was felt that the reclassification was necessary. Staff
will be considering freezing the hiring of other positions, and will therefore have the
appropriate funds for these increases. Motion carned unanimously.
(b) CONSIDERATION FOR APPROVAL OF 2002 HOUSING COMMUNITY
DEVELOPMENT PLAN
Jean Ward, Director of HRA, presented the proposed Housing Community Development
Plan (the "Plan"). The main goal of the Plan is to incorporate the findings in the Maxfield
Study and to also meet the needs of the residents in the community. The Plan is based on
projected community growth within Hutchinson. Ms. Ward reviewed the recommendations
of the Maxfield study regarding the number of housing units and the type of units.
3
CITY COUNCIL MINUTES - JANUARY 22, 2002
Motion by Peterson, second by Mlinar, to approve 2002 Housing Community Development
Plan. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF FIVE- YEAR CAPITAL PLAN
Ken Merrill, Finance Director, affirmed that this is a plan and not a guarantee of capital
expenditures. Mr. Merrill explained that a few modifications were made to the plan that was
presented at the last Council meeting. These changes include: a funding change for
scheduled water and sewer improvements; the Improvement Project 028 will be moved from
2002 to 2003; and the duplication of the fire training center was removed for 2002.
Motion by Mlinar, second by Hoversten to approve the Five-Year Capital Plan. Motion
carried unanimously.
(d) CONSIDERATION FOR AN ORDINANCE OR RESOLUTION FOR THE
ESTABLISHMENT OF "DESIGNATED" AT-LARGE COUNCIL POSITIONS AND A
PRIMARY ELECTION TO IDENTIFY THE CANDIDATES FOR THOSE POSITIONS
Mayor Torgerson read Chapter 2 ofthe City Charter. Mayor Torgerson noted that it was the
recommendation of the City Attorney for this item to be addressed by the Charter
Commission and not the City Council. He recommended that this item be addressed to the
Charter Commission at the Public Hearing on January 31, 2002.
Steve Cook and Mike Ribich requested that the Council listen to their proposal.
Mayor Torgerson asked each member whether or not they felt Mr. Ribich and Mr. Cook
should bring this item to the attention of the Charter Commission.
Jim Haugen - stated "yes", felt that this item should be acted upon with the Charter
Commission; John Mlinar - feels that the proper procedure would be for Mr. Cook and Mr.
Ribich to bring it to the attention of the Charter Commission first.
Mr. Ribich requested that the Council allow them the opportunity to speak before them. Mr.
Ribich stated that state statute allows them the opportunity to speak before the Council.
Kay Peterson - stated that she felt this item should be addressed to the Charter Commission;
Duane Hoversten - agreed that this item should be addressed to the Charter Commission.
Mr. Hoversten commented that Mr. Ribich and Mr. Cook did contact each Council member
by phone, so they are all aware of the topic at hand. The consensus of the Council was that
this item should be considered at the Charter Commission Public Hearing on January 31.
Mr. Cook explained that the late notice of this Council agenda item was due to last-minute
details being put together and they wanted the Council the opportunity to review the
information before the Charter Commission Public Hearing.
Mr. Cook stated that they would approach the Charter Commission and asked that, if the
Charter Commission was not in favor, could he and Mr. Ribich have the opportunity to
return to the Council for consideration. The Mayor stated that would be acceptable.
Mr. Cook and Mr. Ribich stated that part of their intention is to have the public informed of
their proposal and felt that approaching the City Council was one of the best methods of
achieving this.
(e) CONSIDERATION FOR SETTING JOINT MEETING WITH HUTCHINSON UTILITIES
COMMISSION
A tentative date of February 19, 2002,a t 3:00 p.m. was proposed. Mr. Plotz will confirm
with the Utilities Commission and the formal setting of the meeting will be approved at the
next Council meeting.
4
CITY COUNCIL MINUTES - JANUARY 22, 2002
(f) CONSIDERATION FOR SETTING COUNCIL WORKS HIP FOR FEBRUARY 12,2002,
AT 4:00 P.M. TO DISCUSS THE HDR WATER TREATMENT REVIEWS
Motion by Peterson, second by Hoversten to set Council workshop for February 12, 2002 at
4:00 p.m. John Rodeberg noted that staff would be meeting with HDR at 11:00 a.m. that
same day if any Council members would like to take part. Motion carried unanimously.
9. MISCELLANEOUS
(a) COMMUNICATIONS
John Rodeberg, Director of Engineering/ Public Works, requested that Resolution No. 11872
be approved. This resolution establishes County State Aid Highway 25 within city limits.
Motion by Peterson, second by Haugen to approve Resolution No. 11872. Motion carried
unanimously.
Marc Sebora - Mr. Sebora thanked the Council for their vote of confidence in his abilities
to perform as City Attorney for the City of Hutchinson.
Jim Haugen -.Mr. Haugen noted that the Planning Commission has an opening on the
Planning Board. Please submit names to the City of Hutchinson.
John Mlinar - Mr. Mlinar noted that a meeting was held between Hutchinson Telephone
Co. and Southwest Minnesota Foundation regarding a program titled "TNT". More
information will be forthcoming as the project continues to progress. A PAC meeting will
be held next week regarding the improvements to Hwy 212. A Mid-Minnesota meeting will
be held on January 30.
Duane Hoversten - Mr. Hoversten commented that the Event Center is coming along very
nicely and the Event Center Committee will be making a presentation to the Council in the
near future.
Gary Plotz - Mr. Plotz reviewed the agenda for the Visioning Workshop to be held on
Janaury 23. Mr. Plotz also noted that this is a public meeting and the public is invited to
attend.
Mr. Plotz stated that he is serving on a state-wide Solid Waste Committee to help direct the
future of solid waste processing. Mr. Plotz noted that the state policy hierarchy on solid
waste is being considered for revision, which would include source-separated organics. Mr.
Plotz also explained to the Council that Creekside Soils took part in a trade show geared
towards nurseries and landscape companies. Mr. Plotz noted that over 40 contacts were
made and there is a large amount of interest in the bagging capabilities of this plant.
Mayor Torgerson commended residents on the job they have done on source-separating. He
encouraged residents to continue to source-separate, which will aid in the success of the
compost site. If the compost site is successful, that will in turn help decrease taxes within
the community.
10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS A
Motion by Peterson, second by Hoversten, to approve and authorize payment of V erified Claims
A from appropriate funds. Motion carried unanimously.
11. ADJOURN
5
CITY COUNCIL MINUTES - JANUARY 22, 2002
With no further business to discuss, the meeting adjourned at 6:35 p.m.
6