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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