12-28-2004 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, DECEMBER 28,2004
1. CALL TO ORDER - 5:30 P.M.
Mayor Marlm Torgerson called the meeting to order. Members present were Kay Peterson, Casey Stotts and
Bill Arndt. Council Member Jim Haugen was absent. Others present were Gary Plotz, City Administrator,
Marc Sebora, City Attorney and John Rodeberg, Director of Public Works.
2. INVOCA TION - The invocation was dispensed due to the absence of the pastor.
3. PLEDGE OF ALLEGIANCE
Mark Schnobrich, City Forester, presented before the Council. Mr. Schnobrich presented an award to John
Bernhagen for 30 years of Community Forestry. Tokens of appreciation were given to Mr. Bernhagen by the
Minnesota Shade Tree Advisory Committee.
4. MINUTES
(a) REGULAR MEETING OF DECEMBER 14, 2004
Minutes were approved as presented.
5. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING COMMISSION MINUTES FROM NOVEMBER 16, 2004
2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM NOVEMBER 16, 2004
3. W ATER/SEWER/COMPOST/REFUSE FINANCIAL REPORTS FOR NOVEMBER 2004
4. GENERAL FUND FINANCIAL REPORTS FOR NOVEMBER 2004
5. CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2004
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 12587 - RESOLUTION ACCEPTING FINAL PROJECT OF BIOSOLIDS
DRYING FACILITY
2. RESOLUTION NO. 12591 - RESOLUTION FOR PURCHASE
3. CONSIDERATION OF ORDINANCE NO. 04-0394 - AN ORDINANCE APPROVING THE
CODIFICATION OF THE HUTCHINSON CITY CODE (SECOND READING AND ADOPTION)
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF LOT SPLITS LOCATED AT 230 AND 245 OTTAWA AVENUE SE
SUBMITTED BY PAUL BETKER (APPROVE RESOLUTION NO. 12589 AND 12590)
( d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.5, LETTING NO.1 - PROJECT Ng.
03-01/STATE PROJECT NO. 133-126-02/133-109-06/FEDERAL PROJECT NO. STPX 4303(030) (2 D
AVENUE SW/DALE STREET SW)
CITY COUNCIL MINUTES - DECEMBER 28, 2004
(e) CONSIDERATION FOR APPROVAL OF PURCHASING LARGE FORMAT COPIER
(f) CONSIDERATION FOR APPROVAL OF UPDATING ANNUAL CONTRACT WITH NUTRITION
SERVICES, INC. LOCATED AT EVERGREEN APARTMENTS
(g) CONSIDERATION FOR APPROVAL OF COMPOSTED MANURE AND OTHER ORGANICS
AGREEMENTS WITH SKY VIEW DAIRY, INC. AND mSTIN LUTHENS
(h) CONSIDERATION FOR APPROVAL OF SALES AGREEMENT WITH JEFF MEEHAN SALES, INC.
(i) 2005 LICENSE RENEWALS
1. MASSAGE LICENSES
2. TOBACCO LICENSES
Item 5(h) was pulled for further action.
Motion by Peterson, second by Stotts, to approve consent agenda with exception of Item 5(h). Motion
carried unanimously.
Item 5(h). Marc Sebora, City Attorney, asked that this item be deferred to the next Council meeting so he
can have an opportunity to discuss insurance coverage and other issues with Jeff Meehan.
Motion by Peterson, second by Stotts, to defer this item to the January 11, 2005, City Council meeting.
Motion carried unanimously.
Being that this was the Mayor's last meeting as a city official, Marlin Torgerson presented a picture to the
City of Hutchinson as a token of his apprecIation of his years of service.
Gary Plotz gave final words of appreciation to Mayor Marlin Torgerson for all that he has done for the City
during his tenure. Milestones include one-stop-shop for developers, customer service and being a
cheerleader for the City of Hutchinson.
6. PUBLIC HEARINGS - 6:00 P.M. - NONE
7. COMMUNICATIONS, REQUESTS AND PETITIONS
8. UNFINISHED BUSINESS
(a) DISCUSSION OF FINAL WATER BILLING ISSUES AS REQUESTED BY HOMETOWN REALTY
Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that at the last Council
meeting this issue was brought up for discussion. The realtors in Hutchinson asked that the Finance
Department formulate a process to notify them of selling properties outstanding water bills before final
closing. Mr. Merrill explained that he and staff have met with Cheryl Dooley of Hometown Realty and have
formulated a process that covers this issue through the assessment search procedure.
Cheryl Dooley, Hometown Realty, stated that she has met with Ken Merrill and staff and is very pleased
with the new procedure.
9. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF HCVB BUDGET 2005
Teresa Pej sa, Interim Director of Hutchinson Convention & Visitors Bureau, presented before the Council.
Ms. Pejsa informed the Council that the budget had been submitted and she asked for the Council's
approval.
Motion by Peterson, second by Arndt, to approve Hutchinson Convention & Visitors Bureau 2005 budget.
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CITY COUNCIL MINUTES - DECEMBER 28, 2004
Motion carried unanimously.
(b) RECONSIDERATION OF CONDITIONAL USE PERMIT GRANTED TO STEARNSWOOD
REGARDING PAVING OF ACCESS AREA (ADOPT RESOLUTION NO. 12588)
Julie Wi schnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wi schnack
informed the Council that the Planning Commission had voted on this issue in favor on a 4-1 vote.
Motion by Arndt, second by Stotts, to approve conditional use permit to Stearnswood regarding paving of
access area. Motion carried unanimously.
( c) CONSIDERATION FOR APPROVAL OF ADOPTING 2005 LIQUOR FUND BUDGET
Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that a few changes had
been made to this budget as previously presented at the last informational meeting. Line items added
include depreciation and data processing.
Motion by Arndt, second by Stotts, to approve adoption of 2005 liquor fund budget, adopting Resolution
No. 12592. Motion carried unanimously.
(d) CONSIDERATION FOR APPROVAL OF TRANSFERRING FUNDS FROM 1990 TO 1992 TIF DEBT
SERVICE FUND
Motion by Peterson, second by Stotts, to aPl?rove transferring funds from 1990 to 1992 TIF Debt Service
Fund, adopting Resolution No. 12593. MotIOn carried unanimously.
(e) CONSIDERATION FOR APPROVAL OF AMENDING 2004 GENERAL FUND BUDGET
Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that the
intergovernmental revenue has been revised, due to the receipt of a grant. Also revised is an increase to the
transfers and capital outlay appropriations.
Motion by Stotts, second by Arndt, to approve amending of2004 general fund budget, adopting Resolution
No. 12594. Motion carried unanimously.
(f) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 04-0398 - AN ORDINANCE SETTING
CITY OF HUTCHINSON FEE SCHEDULE (WAIVE FIRST READING AND SET SECOND READING
AND ADOPTION FOR JANUARY 3, 2005)
Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that the fee schedule is
adopted on an annual basis. Mr. Plotz asked that the fee schedule for storm water utility rates be discussed
separately and that this item not be adopted as part of the fee schedule. The reason for delay is to discuss
issues related to mosquito spraying, which effects the storm water utility rates. More information will be
brought forth at the next Council meeting.
Ken Merrill also stated that the water rates have not increased as much as previously estimated. In addition,
the refuse rates are going up minimally, and are not as high as previously estimated.
Motion by Stotts, second by Peterson, to set second reading and adoption of Ordinance No. 04-0398, setting
City fee schedule, with the exception of setting storm water utility rates. Motion carried unanimously.
(g) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 04-0399 - AN ORDINANCE ADOPTING
SALARIES OF MAYOR AND COUNCIL MEMBERS (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION FOR JANUARY 3, 2005)
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that these salaries are the
same as they have been, however the new City code requires that this ordinance be codified.
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CITY COUNCIL MINUTES - DECEMBER 28, 2004
Motion by Peterson, second by Arndt, to set second reading and adoption of Ordinance No. 04-0399,
adopting salaries of Mayor and Council Members. Motion carried unanimously.
(h) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENT WITH EARTH TECH FOR
PHASE 2 SERVICES FOR THE WATER TREATMENT PLANT IMPROVEMENTS
John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that this
project and system has been reviewed substantially by several consultants and there is comfort that the
system will work more than adequately. In addition, performance assurances have been validated that the
system will work as designed.
Marc Sebora stated that Council Member Haugen had asked that this contract be deferred to the January 11,
2004, meeting to allow time to discuss performance assurances with Earth Tech. John Rodeberg voiced
concerns of delaying this any further as any issues can be worked out with future portions of the contract.
Scott Young explained that the reason for the acceleration in the project and asking for authorization of
Phase 2 now is due to keeping and locking in on the state 2.5% bond rate. Mr. Young stated that at the
meeting that is scheduled for mid-January the entire project will be laid out and performance assurances can
be addressed in the third phase.
Marc Sebora felt he was comfortable with moving ahead with and approving Phase 2 of the contract.
Motion by Arndt, second by Peterson, to approve consulting agreement with Earth Tech for Phase 2 services
for the water treatment plant improvements. Motion carried unanimously.
(i) CONSIDERATION FOR APPROVAL OF SETTING MEETING DATES TO COMPLY WITH OPEN
MEETING LAW
Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that city staff is
requesting that official public meetings be set so as not lO violate the Open Meetmg Law. These meetings
include Hospital Restructuring TaskForce on January 3f at 5:00 p.m. in the Council Chambers. In addition,
presentations will be given by hospital personnel at the January 11 and 25 City Council meetings. Other
meetings to be set include the Sesquicentennial Events on January 28 & 29.
Motion by Stotts, second by Peterson, to aPl?rove setting the following public meetings: January 3, 11,25,
28 and 29 to attend the Hospital RestructuTIng Task Force and Sesquicentennial Events. Motion carried
unanimously.
G) CONSIDERATION FOR APPROVAL OF SETTING 2005 VISIONARY PROCESS
Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that a Visioning
Workshop is done every year with the Council and directors. This year, staff is proposing that a three-step
approach be taken. The first meeting will be held with the Council and facilitator only, brainstorming
priorities for the City. The second meeting will be held with the directors and facilitator only, brainstorming
priorities for the City. The third meeting will be held with the Council, directors and staff to discuss the
priorities presented.
January 18,20 and 25 from 9:00 a.m. -12:00 noon were selected as dates to hold the Visioning Workshops.
Motion by Stotts, second by Arndt, to approve setting 2005 visionary process and dates for January 18,20,
and 25 from 9:00 a.m. - 12:00 noon. Motion carried unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS
1. DISCUSSION OF STORM WATER UTILITY RATES AND MOSQUITO CONTROL
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CITY COUNCIL MINUTES - DECEMBER 28, 2004
a. John Rodeberg explained that this item has been decided to delay discussion, but he had put
together two options as far as storm water utility rates are concerned if mosquito control is included
in these fees. Mr. Rodeberg also mentioned that an item to consider is briquettes vs. spraying.
All Council Members and staff thanked Mayor Marlin Torgerson for his dedication to the City of
Hutchinson and the progressive moves that had been made dUTIng his tenure.
Mayor Torgerson gave several thanks for everything and thoroughly enjoyed his time with the City.
Farewell Marlin!
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Motion by Stotts, second by Arndt, to approve claims, appropriations, and contract payments. Motion
carried unanimously.
12. ADJOURN
With no further business to discuss, the meeting adjourned at 6:40 p.m..
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