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11-12-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, NOVEMBER 12, 2003 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Members present were Jim Haugen, Kay Peterson, and Bill Arndt. Member absent was Duane Hoversten. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Gerard Bode, Peace Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 28,2003 Minutes were approved as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2003 2. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2003 3. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM AUGUST 25 AND SEPTEMBER 22, 2003 4. HUTCHINSON POLICE COMMISSION MINUTES FROM AUGUST 27 AND NOVEMBER 3, 2003 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12289 - RESOLUTION FOR PURCHASE 2. ORDINANCE NO. 03-360 - PETITION TO ANNEX CITY OWNED PROPERTY (WETHERELLPROPERTY - 21.66 ACRES) FOR INDUSTRIAL USE LOCATED IN HASSAN VALLEY TOWNSHIP REQUESTED BY THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) (c) ASSESSMENT ROLL NO. 5061- LETTING NO.1, PROJECT NO. 03-01 (ADOPTING REVISED ASSESSMENT) (d) LETTING NO.5, PROJECT NOS. 03-12 & 03-19 (APPROVAL OF CHANGE ORDER NOS. 2, 3, 4 & 5) (e) LETTING NOS. 4 & 5, PROJECT NO. 02-11 (APPROVAL OF CHANGE ORDER NO.4) (f) LETTING NO.3, PROJECT NO. 02-06 (APPROVAL OF CHANGE ORDER NO.3) CITY COUNCIL MINUTES - NOVEMBER 12, 2003 (g) LETTING NO.3, PROJECT NOS. 03-05, 03-06, 03-07, 03-08, 03-09, 03-11, 03-22 (APPROVAL OF CHANGE ORDER NO.1) (h) LETTING NO. 13, PROJECT NO. 03-15 (APPROVAL OF CHANGE ORDER NO.1) (i) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR FRATERNAL ORDER OF EAGLES ON FEBRUARY 1,2004, AT FLYERS NITE CLUB (j) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 18,2003 Motion by Haugen, second by Peterson, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) ORDINANCE NO. 03-359 - AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 4.015, 4.02,4.03 AND 11.02 OF HUTCHINSON CITY CHARTER (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 25, 2003) Marc Sebora, City Attorney, explained that the Charter Commission had met earlier this fall to consider implementing changes to the City Charter adopted in November 2002. Mr. Sebora informed the Council on the referendum procedure if citizens would be opposed to any of these changes. The changes mainly regard including the amendment voted on by the citizens of Hutchinson relating to designated council seats and primary elections. The other change included allowing a council member to serve on the Utilities Commission. Steve Cook, 728 Juul Road, presented before the Council. Mr. Cook expressed that the changes made to the Charter regarding the election procedure meet the expectations of his petition committee. Mr. Cook commented that the section relating to the Utilities Commission appointment was laid out well, however he felt that the Council member should be compensated at possibly half the rate of a regular Utilities Commission member. Mayor Torgerson stated that he had thought about the compensation issue of the Council member and he suggested possibly a per diem type of payment. Mike Cannon, Chair of Charter Commission, presented before the Council. Mr. Cannon explained that the Charter Commission had discussed the compensation of the Council member, however determined that no compensation should be given to the Council member serving on the Utilities Commission. Discussion was held on the amount of time board members serve on each commission throughout the City and whether or not compensation should be given to a council member serving on the Utilities Commission. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Arndt, to set second reading and adoption of Ordinance No. 03-359 to November 25,2003. Motion carried unanimously. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION TO DETACH PROPERTY FROM CITY LIMITS REQUESTED BY DIANE AND KON SORENSEN (5 ACRES) WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (PLANNING COMMISSION 6-1 VOTE) (ADOPT RESOLUTION NO. 12279) Julie Wischnack, Planning/Zoning/Building Director, presented before the Council. MS.Wischnack 2 CITY COUNCIL MINUTES - NOVEMBER 12, 2003 explained that the property is currently located on the edge of the city limits and the request is to detach two pieces of property from the City and have them be all inclusive within the County. John Rodeberg, Director of Engineering, explained that the piece of property requesting detachment is adjacent to the property that holds the bmlding site, which is in the township. He noted that the property receives multiple city services, including street maintenance, snow removal and emergency services. It also receives services related to the stormwater utility fee, such as street sweeping and storm sewer access. Mr. Rodeberg further explained that there is a way to reduce the storm dramage fees on the vacant lots. Ms. Wischnack explained that the city utilities, per policy, do not provide services to this specific piece of property and that it would not be possible for these types of services to be provided to this property because they are located too far away. John Rodeberg further noted that emergency services for police are dispatched directly to Hutchinson Police Services for this property. Diane Sorenson, property owner, explained to the Council that a portion of their driveway is located in the City and a portion is located in the County and their goal is to have it all inclusive within the County. Her wish is to have it all zoned the same. Julie Wischnack gave the Council several other examples of property that could be considered for detachment that are currently within city limits. The services provided to the property were discussed further. Motion by Arndt, second by Peterson, to reject the detachment of the Sorenson property from city limits. Motion carried unanimously. Julie Wischnack explained that the detachment may still be considered at the state level. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROV AL OF PROPOSAL TO CONDUCT A MARKET ANALYSIS FOR THE EXPANSION OF THE LIQUOR HUTCH Candice Woods, Liquor Store Manager, presented before the Council. Ms. Woods explained that at the last liquor store team meeting, direction was given to research having a market analysis completed for the expansion of the current city-owned liquor store. The last analysis completed in 1999 suggested opening a second liquor store on the south end of Hutchinson. Ms. Woods recommended having another analysis done to see differences brought forth from 1999. Motion by Arndt, second by Haugen, to approve proposal to conduct a market analysis for the expansion of the city-owned liquor store at a cost of $6500. Motion carried unanimously. (b) CONSIDERATION OF POLICY FOR SEASONAL EXCEPTIONS TO SUMP PUMP ORDINANCE John Rodeberg informed the Council that based on the original ordinance, changing over the sump pump system was not allowed. Mr. Rodeberg explained that he still needs to consult with legal counsel on the possibility of this and he also needs to verify how many homeowners are interested in this. Mr. Rodeberg explained he is seeking the Council's direction on whether or not this is a good idea and if so, more research will be conducted. This can be a safety issue for some homeowners. Motion by Peterson, second by Haugen, to direct the City Engineer and City Attorney to research seasonal exceptions to the current sump pump ordinance. Motion carried unanimously. ( c) CONSIDERATION FOR APPROVAL OF POLICE CHIEF POSITION DESCRIPTION Marc Sebora, City Attorney, explained to the Council that since the retirement of Police Chief Madson, the Police Commission has met and made some revisions to the police chief position description. Changes made include the title of the position, level of experience and level of education required for the position. The Police Commission has approved the police chief position description. 3 CITY COUNCIL MINUTES - NOVEMBER 12, 2003 Brenda Ewing, Human Resources Director, outlined specifically the changes made to the position description. Motion by Peterson, second by Haugen, to approve police chief position description. Motion carried unanimously. (d) DISCUSSION OF CITY ATTORNEY POSITION Gary Plotz, City Administrator, explained that the Council should make the decision on whether or not to retain the contractual relationship with Mr. Sebora for city attorney services or to terminate the contractual relationship and continue Mr. Sebora's employment as a regular full-time employee. Mr. Plotz further explained that having Mr. Sebora located within the City Center and focusing exclusively on City work has been very beneficial. Attorney services have been provided to the hosp~tal, nursing home and public utilities, with those entities contributing to the salary ofthe attorney position. Motion by Haugen, second by Peterson, to terminate the contractual relationship with the City Attorney and hire him as a full-time employee. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING BUDGET INFORMATIONAL MEETING FOR NOVEMBER 25,2003, AT 4:00 P.M. Gary Plotz clarified that this informational meeting will be held to discuss the enterprise funds. Motion by Peterson, second by Arndt, to approve setting budget informational meeting for November 25,2003, at 4:00 p.m. at the City Center. Motion carried unanimously. 10. COMMUNICATIONS Bill Arndt - Mr. Arndt congratulated the high school football teamon making it to the state tournament. Mr. Arndt also stated that he has driven around and looked at the pipeline process and commended the pipeline company on how they have progressed and the job they have done. Mayor Torgerson also informed the Council that the pipeline is completely underground and there are only a few spots where it needs to be bored under rivers. Gary Plotz - Mr. Plotz congratulated Kay Peterson on reelection and Casey Stotts to election of the council member seats. Mr. Stotts will be going through an orientation with city staff. Mr. Plotz also updated the Council on a meeting held regarding organizational structure at the compost site. A pro forma statement is also being worked on for the compost site and will be presented at the next Council meeting. Marlin Torgerson - Mayor Torgerson thanked the fire department for the contribution of the flags that are located in the Council chambers. Steve Cook - Mr. Cook commented that it appears that non-biodegradable plastic bags are being grou~d with waste material at the compost site. Mr. Plotz explained the grinding, composting and baggmg process. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Arndt, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B 4 CITY COUNCIL MINUTES - NOVEMBER 12, 2003 Motion by Haugen, second by Peterson to approve and authorize payment of V erified Claims B from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:40 p.m. ATTEST: Marlin Torgerson, Mayor Gary D. Plotz, City Administrator 5