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09-12-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL SEPTEMBER 12, 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, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Eric Goodwin, of Peace Lutheran Church, delivered the invocation. 3. MINUTES (a) REGULAR MEETING OF AUGUST 27, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2002 2. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR JULY 2002 3. BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12027 - RESOLUTION FOR PURCHASE OF ELECTRONIC FILING SYSTEM (c) CONSIDERATION OF APPOINTING JEFFREY LUX TO AIRPORT COMMISSION TO 2007 AND DOUG MCGRAW TO COMPLETE ROBERT HANTGE'S TERM TO 2004 (d) CONSIDERATION OF RE-APPOINTING BRUCE PETERSON AND MIKE SCHIESL TO THE PARKS, RECREATION AND COMMUNITY EDUCATION BOARD TO 2005 (e) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES ON NOVEMBER 17,2002, AT THE RECREATION CENTER (f) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.1 & 2 FOR FIRE TRAINING TOWER (g) CONSIDERATION FOR APPROVAL OF OFF-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR ECONO FOODS (h) CONSIDERATION FOR APPROV AL OF ENTERING INTO AGREEMENT WITH SOFT DRINK PROVIDER FOR HUTCHINSON EVENT CENTER (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER HABITAT FOR HUMANITY FOR OCTOBER 5, 2002, AT HUTCHINSON HIGH SCHOOL Motion by Mlinar, second by Haugen, to approve consent agenda, with the exception of Item 4(b) 1. This item will be discussed later in the meeting. Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. CITY COUNCIL MINUTES - SEPTEMBER 12, 2002 (a) LETTING NO. 14, PROJECT NO. 02-23 (OLD CITY DUMP SITE) . ORDERING IMPROVEMENT AND AUTHORIZING NEGOTIATION OF CONTRACT John Rodeberg, Director of Engineering, presented before the Council. Mr. Rodeberg explained that the City has completed Phase I and II of the investigation of the site as part of the Voluntary Inspection Cleanup program. This public hearing is part of the process to proceed with the project. Mr. Rodeberg further reviewed the costs ofthe project, estimating at $97,000. All this work will be on the east side of the river. Motion by Hoversten, second by Mlinar, to close the public hearing. Motion carried unanimously. Motion by Hoversten, second by Mlinar, to approve Letting No. 14, Project No. 02-23. Motion carried unanimously. (b) LETTING NO.9, PROJECT NO. 02-18 (JEFFERSON STREET SE) . ADOPTING ASSESSMENT John Rodeberg, Director of Engineering, explained that this public hearing is for the purposes of setting the assessments. Mr. Rodeberg explained that this project runs on Jefferson Street from Century Avenue to Jefferson Court. Mr. Rodeberg also reminded the Council that this is a project of McLeod County, with the City providing assistance. Mr. Rodeberg further reviewed the specific improvements included in the project, as well as the costs and assessments, and which entities are paying for what portions of the project. Mr. Rodeberg outlined the deferred assessment policies. He then presented the project costs, which came in much less than estimated. He also presented the final assessment numbers, which again came in much less than estimated. Mr. Rodeberg explained that there is a resident on Jefferson Street that is not being annexed, but would like to start paying on assessments now because ofthe low interest rates. Mr. Rodeberg explained that the City will be able to track this and work with him so that he may be able to start paying now. Mr. Rodeberg also explained that the homeowner with the largest lot may be willing to sell part of his lot to the City so that it will ease the assessment amount to him. Brian Burgess, 1383 Jefferson Street, presented before the Council. Mr. Burgess explained that he is thankful that construction costs came in lower to ease the costs to him. Mr. Burgess requested that the Council consider any possible ways to reduce his assessments.. Mr. Burgess's assessments are much higher than others on Jefferson Street because of his extra large lot. After discussion, it appears that selling lots from his property may be the only option to him to reduce the assessment amounts. Galen Houk, presented before the Council. He asked for clarification as to his situation (living outside city limits, yet paying on the assessments). John Rodeberg explained the process used when paying off assessments. Motion by Mlinar, second by Hoversten to close the public hearing. Motion carried unanimously. Motion by Mlinar, second by Haugen to approve adopting the assessments for Letting No.9, Project No. 02-18. Duane Hoversten commended McLeod County and John Rodeberg on working toward lower costs to homeowners. Motion carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS (a) 2003 FUNDING REQUEST BY SOUTHWEST MINNESOTA FOUNDATION 2 CITY COUNCIL MINUTES - SEPTEMBER 12, 2002 Motion by Mlinar, second by Peterson to defer this item to the September 24, 2002, City Council meeting. Motion carried unanimously. Action - Motion to reject- Motion to approve 8. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ACTIVATING AN ADDITIONAL HCVN ACCESS CHANNEL Barry Anderson, President ofHCVN Board of Directors, presented before the Council. Mr. Anderson explained that currently HCVN serves the community of Hutchinson by providing local television service via franchise agreement with the City of Hutchinson. Mr. Anderson commented that Marc Sebora, City Attorney, had relayed to him that he had received a request from a Telecommunications Commission member that may wish to consider this at one oftheir board meetings. Mr. Anderson requested that the action be delayed two weeks to give the Telecommunications Commission the time to meet if they wish to consider this item. Motion by Mlinar, second by Peterson, to defer this item to the September 24, 2002, City Council meeting and have it placed on the Consent Agenda. Motion carried unanimously. (b) CONSIDERATION OF RESOLUTION NO. 12028 - SETTING 2003 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that the preliminary levy numbers show a decrease of approximately 8% from last year. Mr. Merrill continued to explain as to the areas that the numbers have been reduced and the reasons attributed to that. Both Ken Merrill and Mayor Torgerson noted that the decrease in the tax levy is thanks to city staff and the City Council in the management of funds. Motion by Hoversten, second by Peterson, to set the preliminary tax levy at $4.144.169. Motion carried unanimously. (c) CONSIDERATION OF RESOLUTION NO. 12029 - SETTING 2003 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that this is the preliminary tax levy for the Hutchinson Housing & Redevelopment Authority. The preliminary levy is slightly higher than last year's amount. Motion by Haugen, second by Mlinar to approve the 2003 preliminary tax level for special taxing district HRA. Motion carried unanimously. (d) CONSIDERATION OF RESOLUTION NO. 12033 - SETTING TRUTH IN TAXATION HEARING DATE FOR TAXES PAYABLE 2003 Ken Merrill, Finance Director, requested that the City Council consider December 3,2002, at 5:30 p.m. for the Truth in Taxation hearing. Motion by Mlinar, second by Haugen, to set the Truth in Taxation hearing for December 3, 2002, at 5:30 p.m.. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF WORDING OF PROPOSED CITY CHARTER REVISIONS QUESTION ON NOVEMBER 2002 ELECTION BALLOT Motion by Peterson, second by Hoversten, to approve Resolution No. 12030, wording of City Charter question on November election ballot. Motion carried unanimously. 3 CITY COUNCIL MINUTES - SEPTEMBER 12, 2002 (f) CONSIDERATION FOR APPROVAL OF WORDING OF CHARTER AMENDMENT QUESTIONS ON NOVEMBER 2002 ELECTION BALLOT Marc Sebora, City Attorney, explained that he had drafted these questions as forming a synopsis of the petitions that were approved. Motion by Peterson, second by Mlinar, to approve Resolution No. 12031, wording of the Charter amendment questions for the November election ballot. Motion carried unanimously. (g) ISLAND VIEW HEIGHTS LITIGATION (CLOSED SESSION) 9. MISCELLANEOUS (a) COMMUNICATIONS Gary Plotz explained the electronic filing system that staff is requesting approval to purchase. Melissa Starke, Administrative Secretary, also explained that the system proposed is a refurbished piece that came in approximately $4000 less than a new machine. The filing system, along with cubie walls that will be constructed for privacy, will be at a figure much less than budgeted for. Motion by Hoversten, second by Mlinar to approve the purchase of Kardex Lektreiver electronic filing system. Motion carried unanimously. Gary Plotz explained that Creekside compost site has a large mixer and two conveyors that they had advertised for bid. The City obtained a bid for $18,000, which is only approximately $2000 less than a new system and he is requesting that the Council approve awarding this bid. Motion by Haugen, second by Hoversten, to approve the sale of the mixer and conveyor system for $18,000. Motion carried unanimously. Ken Merrill, Finance Director, explained that the Hutchinson Area Health Care Board is requesting that the City Council approve placing a referendum bond question on the November election ballot to expand the hospital. This proj ect would be completely paid for by the revenues of the hospital. Motion by Peterson, second by Mlinar, to approve setting the bond referendum question for the hospital on the November election ballot. Duane Hoversten noted that this saves the hospitaVcity approximately $2 million. Motion carried unanimously. Ken Merrill, updated the Council that the City will be opening for bids on three bond issues on September 24, 2002. Mayor Torgerson noted that a resident of Hutchinson has been missing from Hutchinson since last night. He is an alzheimer's resident from Prairie Senior Cottages. City emergency personnel have not yet been able to locate him. Mayor Torgerson requested that all residents be aware of anyone that may match his description and notify the police department. Jim Haugen - Jim Haugen reminded the residents of the Arts & Crafts Festival this weekend. John Mlinar - Mr. Mlinar noted that he has received phone calls from residents on Elm Street and he wanted to pass on to John Rodeberg that they are still "out there" in regard to street improvement projects. Duane Hoversten - Mr. Hoversten asked that all residents attend the Arts & Crafts Festival 4 CITY COUNCIL MINUTES - SEPTEMBER 12, 2002 this weekend. Gary Plotz - Mr. Plotz explained that the blending line for the compost site arrived today and production will be starting next week. Mr. Plotz also reminded the Council that the appreciation picnic is September 19, 2002. He also noted that employees and board members are paid for by the City, however guests need to pay for their own meal ticket. Mr. Plotz also updated the Council on CitY. Office filings. They are as follows: Mayor - Marlin Torgerson and Paul Harding. Council member - Jim Haugen, Bill Arndt and Steve Cook. Mr. Plotz also informed the Council that Neil Wegner, Liquor Store Manager, has resigned and will be taking a position with Locher Bros. Mr. Plotz explained that at the next meeting, he will be bringing organizational improvement recommendations to the Council for the liquor store. Gary Plotz requested that the Council set a Council workshop for the City benchmarking project for September 24,2002, at 4:00 p.m. Mr. Plotz also requested that a Council workshop be held to discuss budget reductions for October 8, 2002, at 4:00 p.m. Motion by Peterson, second by Hoversten, to set Council workshops on September 24 and October 8, 2002, at 4:00 p.m. Motion carried unanimously. John Rodeberg - Mr. Rodeberg thanked residents for their patience with all the projects this year and delays due to rain. The sewer line o~ 9th Avenue has been inspected and no obstructions were found. He also noted that the 2n Avenue bridge has been closed due to construction work. Marc Sebora - Mr. Sebora thanked all of the residents and emergency personnel for taking part in the 9/11 ceremony on Wednesday. Marlin Torgerson - Mayor Torgerson thanked the school choirs that performed at the 9/11 ceremony. He also thanked all the participants ofthe various veteran organizations that took part in the ceremony. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Mlinar, with Hoversten abstaining, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Haugen, second by Hoversten, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carned unanimously. 11. ADJOURN Motion by Peterson, second by Haugen, to move to a closed session to discuss the Island View Heights lawsuit. Motion carried unanimously. The Council meeting resumed at 6:44 p.m. With no further business to discuss, the meeting adjourned at 6:45 p.m. 5