Loading...
12-23-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL DECEMBER 23, 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 - Due to the absence of Rev. Jim Hakes, of Seventh Day Adventist Church, the mvocatlOn was dispensed. 3. MINUTES (a) REGULAR MEETING OF DECEMBER 10,2002 (b) BID OPENING FROM DECEMBER 10, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM OCTOBER 17, 2002 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM DECEMBER 17,2002 3. PLANNING COMMISSION MINUTES FROM NOVEMBER 19,2002 4. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM NOVEMBER 4, 2002 5. COMPOST SITE FINANCIAL REPORT FOR NOVEMBER 2002 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2002 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2002 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-326 - AN ORDINANCE TO INCLUDE RECITING PLEDGE OF ALLEGIANCE AT CITY COUNCIL MEETINGS (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 12.20, SUBD. l(K) TO CHANGE LANGUAGE REGULATING SUBDIVISION PLATTING REQUIREMENTS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 02-327 FOR JANUARY 14,2003) (d) 2003 LICENSE RENEWALS 1. TOBACCO LICENSES 2. MASSAGE LICENSES CITY COUNCIL MINUTES - DECEMBER 23, 2002 (e) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR JOHN RODEBERG TO ATTEND THE NATIONAL PLANNING CONFERENCE IN DENVER, COLORADO, FROM MARCY 3 - 7, 2003, AND THE INTERNATIONAL LOW- VOLUME ROAD CONFERENCE IN RENO, NEVADA, FROM JUNE 23 - 26, 2003 (f) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR KEN MERRILL TO ATTEND THE NATIONAL GFOA CONFERENCE IN NEW YORK, NEW YORK FROM MAY 18 - 21,2003 (g) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR DOUG JOHNSON TO ATTEND THE US COMPOST COUNCIL CONFERENCE IN LAS VEGAS,NEV ADA FROM JANUARY 28 - 31, 2003 (h) CONSIDERATION FOR APPROV AL OF CHANGE ORDER NO.2, LETTING NO.4 & 5, PROJECT NO. 02-11 (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON BASEBALL ASSOCIATION ON FEBRUARY 1,2003, AT VFW (j) CONSIDERATION FOR APPROVAL OF APPOINTMENTS TO HUTCHINSON FIRE DEPARTMENT (k) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR HOMIER DISTRIBUTING ON JANUARY 24 & 25, 2003, AT NATIONAL GUARD ARMORY (1) CONSIDERATION FOR APPROVAL OF FLEXIBLE BENEFIT PLAN DOCUMENT AND PLAN SUMMARY DOCUMENT RESTATEMENT (m)CONSIDERATION FOR APPROVAL OF FEE SCHEDULES (POLICY NO. 2.22) FOR CITY OF HUTCHINSON HANDBOOK (n) CONSIDERATION FOR APPROVAL OF RECOMMENDING BILL ARNDT TO SERVE ON THE JOINT PLANNING BOARD (0) CONSIDERATION FOR APPROVAL OF ACCEPTING BIDS FOR MENTAL HEAL TH OUTPATIENT REMODELING PROJECT AT HUTCHINSON COMMUNITY HOSPITAL (p) CONSIDERATION FOR APPROVAL OF PURCHASING COULTER HEMATOLOGY ANALYZER FOR HUTCHINSON COMMUNITY HOSPITAL Items 4(b) 1 and 4( a)5 were pulled for further action. Motion by Mlinar, second by Peterson, to approve consent agenda excluding items 4(b) 1 and 4(a)5. Motion carried unanimously. Item 4(a)5 information was not included in the packet and no action was taken. Item 4(b)1 motion by Mlinar, second by Peterson to approve Ordinance No. 02-326. John Mlinar commented on the power of the words of the pledge of allegiance. Mr. Mlinar also shared the history of the creation of the pledge of allegiance. Motion carried unanimously. The audience and Council recited the pledge of allegiance. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROV AL OF AMENDED AGREEMENT BETWEEN CITY 2 CITY COUNCIL MINUTES - DECEMBER 23, 2002 OF HUTCHINSON AND GARY AND MARY ANN WETHERELL John Rodeberg, Director of Engineering/Public Works, explained that there is a current agreement in place and this amended agreement changes the dates of the lease to accommodate a future economic development project in this area. Motion by Mlinar, second by Haugen to approve amended agreement with the Wetherells. Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2003 WAGE ADJUSTMENT POLICY Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that at the last meeting the Council approved a 2.25% wage adjustment. This policy adjusts wages in each grade by that 2.25%. Motion by Hoversten, second by Peterson, to approve the 2003 wage adjustment policy. Motion carried unanimously. (b) CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS STEARNS WOODS, REZONING FROM Rl TO R2 AND CONDITIONAL USE PERMIT FOR CONSTRUCTION OF HOSPICE HOUSE LOCATED AT 720 HONEY TREE ROAD WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12058 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 02-329 FOR JANUARY 14,2003) Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council and explained that a hospice house is proposed to be built on this property. Ms. Wischnack explained that three items need action: preliminary plat, rezoning and conditional use permit. Ms. Wischnack explained the conditions for approval that are recommended by the Planning Staff and the Planning Commission. The most contentious item related to the approval of the hospice house is the business office being located out of the house. Ms. Wischnack outlined the conditions required of the office and the number of hospice house personnel. Motion by Peterson, second by Hoversten, to approve the preliminary plat, rezoning and conditional use permit of the hospice house located in the Birchwood development. Jim Haugen abstained from voting. John Mlinar commented on the rezoning of this type of business and asked Marc Sebora, City Attorney, if this is permissible. Marc Sebora stated that in his Attorney's Opinion he had noted that ConnectCare's offices should not be located within the hospice house. John Mlinar commented on approving this type of use ifit is not legally permissible. Mr. Mlinar commented that staff should possibly look at amending the current ordinance which states what types of uses can be in which type of zone. Duane Hoversten asked for further clarification on the number of employees that will be housed at the hospice house. Ms. Wischnack explained that there would be approximately eight full-time employees located at the hospice house. Cheryl Dooley, presented before the Council. Ms. Dooley explained that ConnectCare is not a business, it is a service and a non-profit organization. Ms. Dooley explained that the employees that will work out of the hospice house will be completely tied to the operations specifically to the house. John Mlinar asked Marc Sebora if the hospice house is not classified as a business, will that be permissible. Mr. Sebora commented that he based his opinion on what functions are coming specifically out of the office and how they pertain to the house specifically. Motion carried unanimously. 3 CITY COUNCIL MINUTES - DECEMBER 23, 2002 (c) CONSIDERATION FOR APPROVAL OF ENTERING INTO AGREEMENT WITH MCLEOD COUNTY SOLID WASTE FOR PURCHASE OF HORIZONTAL GRINDER Motion by Mlinar, second by Haugen to approve the agreement between the City of Hutchinson and McLeod County. Mayor Torgerson noted that this money comes from tip fees and not taxpayer money. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR HORIZONTAL GRINDER Motion by Peterson, second by Hoversten, to award the bid for horizontal grinder in the amount of$250,01O, plus the extended warranty in the amount of$9,618.00. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 02-320 - AN ORDINANCE AMENDING ORDINANCE NO. 02-322 "GRANTING FRANCHISE TO JOE DOOLEY" TO INCLUDE PRIVATE HANGAR LEASE AS PART OF ORDINANCE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JANUARY 14,2003) Marc Sebora, City Attorney, explained that this amended ordinance is including the lease agreement as part of the franchise agreement, as required by City Charter. Mr. Sebora also noted that this approval requires a public hearing which will be held at the next city council meeting. Motion by Mlinar, second by Haugen, to set public hearing and second reading of Ordinance No. 02-320 for January 14,2003. Motion carried unanimously. (f) CONSIDERATIONFORAPPROV AL OF EXPANDED INSURANCE COVERAGE FOR BOARDS & COMMISSIONS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that approximately three months ago the Council had requested that city staff research further insurance coverage for council members and board and commission members for coverage referencing the open meeting law. J effBorkenhagen, Insurance Planners, explained that this type of coverage is optional for the city to acquire. Mr. Borkenhagen explained that the League of Minnesota Cities Insurance Trust does not cover legal issues pertaining to alleged acts of violating the open meeting law. Mr. Borkenhagen further explained the amounts of coverage, related costs, and various procedures involved. All boards that are a part of the City would be included under this coverage. General discussion was held regarding council members and various board members liability issues. Mr. Borkenhagen explained the type of coverage the City currently has through the LMCIT. Mr. Borkenhagen stated that he would further research which entities are covered and which are not. Motion by Mlinar, second by Peterson, to defer this item to the next Council meeting and review further information regarding which entities are covered. Motion carried unanimously. Kay Peterson requested that Marc Sebora research which committees, boards, sub-committees, etc. are susceptible to violating the open meeting law. (g) CONSIDERATION FOR APPROVAL OF INSURANCE DEDUCTIBLE CHANGES Ken Merrill, Finance Director, explained that previously the Council had voiced concerns regarding the amount of the deductible that the City has. Bill Klep, Berkley Risk Managers, presented before the Council. Mr. Klep explained that city staff had requested that Berkley research deductible amounts and what is the most appropriate for the City of Hutchinson. Mr. Klep walked the Council through the summary of the information he had compiled regarding all deductible coverages. Mr. Klep's presentation showed that by choosing the $25,000 deductible versus the $10,000 deductible, 4 CITY COUNCIL MINUTES - DECEMBER 23, 2002 thousands of dollars are saved. Motion by Hoversten, second by Haugen, to approve the $25,000 deductible for the City of Hutchinson. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF ADOPTING 2003 WATER WASTEWATER REFUSE COMPOST BUDGET Ken Merrill noted that this budget was reviewed with the City Council at the December 10, 2002, workshop. Mr. Merrill also noted that increased water rates were approved earlier in the agenda and will be part of this budget. Motion by Haugen, second by Peterson, to adopt water wastewater compost refuse budget. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF ADOPTING 2003 LIQUOR FUND BUDGET Ken Merrill explained that this budget is designed for the current location and if the liquor store would change locations the budget would need to be amended. Motion by Haugen, second by Peterson, to approve liquor fund budget. Motion carried unanimously. (j) CONSIDERATION FOR APPROVAL OF ADOPTING FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Ken Merrill explained that this plan covers capital expenditures between the years 2003 and 2007. Motion by Mlinar, second by Peterson to approve capital improvement program. Motion carried unanimously. (k) CONSIDERATION FOR APPROVAL OF FUND TRANSFERS Ken Merrill explained that this resolution will authorize transferring funds from special assessment bonds and senior building fund to the Event Center and will close out the outstanding on the Event Center fund. Motion by Peterson, second by Hoversten, to authorize the transfer of funds adopting Resolution No. 12087. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS All the council members and staffthanked John Mlinar of his many years devoted to the city and extended their appreciation for having the opportunity to work with him. Gary Plotz - Mr. Plotz reminded the Council that the organizational meeting is set for January 2,2003, at 8:00 a.m. and an 8:30 a.m. meeting with state representatives will be held followmg. Marlin Torgerson - Mayor Torgerson commented on the January 2nd meeting with state and federal officials. The goal of the meeting is to discuss upcoming projects and the state deficit problem. Brad Emans, Fire Chief, presented a plaque on behalf ofthe Fire Department to John Mlinar for all his years of service to the city. 5 CITY COUNCIL MINUTES - DECEMBER 23, 2002 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 6:50 p.m. 6