09-13-2011 CCMMINUTES
REGULAR MEETING – HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 13, 2011
CALL TO ORDER – 5:30 P.M.
1.
Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, Eric Yost
and Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney
INVOCATION
2. – Pastor Kevin Oster, Our Savior’s Lutheran Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
3.
RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
4.
PUBLIC COMMENTS
5.
MINUTES
6.
(a)REGULAR MEETING OF AUGUST 23, 2011
Motion by Christensen, second by Arndt, to approve the minutes as presented. Motion carried unanimously.
CONSENT AGENDA
7.
(Purpose: only for items requiring Council approval by external entities that would otherwise
have been delegated to the City Administrator. Traditionally, items are not discussed.)
(a)RESOLUTIONS AND ORDINANCES
1.ORDINANCE NO. 11-0678 – AN ORDINANCE AUTHORIZING THE TRANSFER OF
RD
MUNICIPALLY OWNED REAL PROPERTY LOCATED ADJACENT TO 540 3 AVENUE
NW AND AUTHORIZING JEREMY J. CARTER TO EXECUTE DOCUMENTS FOR
TRANSACTION (SECOND READING AND ADOPTION)
2.ORDINANCE NO. 11-0679 - AN ORDINANCE IMPLEMENTING LOCAL SALES AND USE TAX
AND MOTOR VEHICLE EXCISE TAX (SECOND READING AND ADOPTION)
(b)CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO HUTCHINSON HIGH
SCHOOL ON SEPTEMBER 30, 2011
(c)CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR MILES SEPPELT, EDA
DIRECTOR, TO CHARLOTTE, NORTH CAROLINA ON SEPTEMBER 15-16, 2011
(d)CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1 – LETTING NO. 2, PROJECT
NO. 11-02 & 03 (INDUSTRIAL BOULEVARD SE RECONSTRUCTION & ENERGY PARK
BITUMINOUS WEAR COURSE PLACEMENT)
(e)APPOINTMENT OF ROSS PETERSON TO AIRPORT COMMISSION TO SEPTEMBER 2016
(f)CONSIDERATION FOR APPROVAL OF RIDGEWATER COLLEGE 5K RUN ON OCTOBER 15,
2011
(g)CONSIDERATION FOR APPROVAL OF ISSUING DANCE PERMIT TO CONNECTCARE AT
CITY COUNCIL MINUTES –SEPTEMBER 13, 2011
HUTCHINSON EVENT CENTER ON OCTOBER 28, 2011
ND
(h)CONSIDERATION FOR APPROVAL OF 2 ANNUAL SPOOKY SPRINT RUN ON OCTOBER 29,
2011
(i)SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR MID-
YEAR PERFORMANCE REVIEW SESSION HELD ON AUGUST 23, 2011
(j)CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Item 7(i) was pulled for separate action.
Motion by Czmowski, second by Yost, to approve consent agenda with the exception of Item 7(i). Motion
carried unanimously.
Item 7(i) had further discussion. Marc Sebora, City Attorney, noted that it was brought to the City’s
attention that perhaps more commentary could be included in the summary of the City Administrator’s
performance. Therefore, additional items have been included to the document. Mayor Cook suggested
adding language pertaining to the expenditures in the budget under the fiscal management category. Mr.
Sebora noted that language will be added and a new summary published.
Motion by Arndt, second by Christensen to approve Item 7(i) with the additional language noted in the
summary. Motion carried unanimously.
PUBLIC HEARINGS – 6:00 P.M.
8.
(a) REVIEW AND DISCUSSION OF PRIVATE WELL MORATORIUM
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that until October 2010, the
Minnesota Department of Health took the stance that cities had no authority to regulate wells. Since
October 2010, the MDH determined cities do have the authority to regulate where, if at all, wells are drilled.
Although a legislative law has not been adopted, this interpretation remains in effect. On March 31, 2005,
the Wellhead Protection Plan was adopted to protect the City’s potable water supply. The Plan expired in
2015 and establishes aquifer vulnerability and potential contaminant sources. Mr. Exner reviewed the
various methods of public education and awareness used for wellhead protection strategies. Mr. Exner
spoke of a source water protection grant the City received to inventory, survey, locate wells and develop
well sealing program. Now the City is working on developing an ordinance to regulate private wells. Some
of the provisions being considered to be included in the ordinance are monitoring wells, geothermal wells,
wells that are required for environmental remediation and replacing water supply wells with similar
size/capacity. The proposed ordinance will also solicit public input.
Randy Woodside, maintenance supervisor for Ohly America, presented before the Council. Mr. Woodside
noted that the company noticed a reduction in well capacity from one well when the City’s new water
treatment plant went online. Mr. Woodside asked if rehabilitation work can be done on the wells, or make
corrections to one that was put in irregular. Mayor Cook noted that maintenance is not an issue, but digging
new wells would have to be considered.
Motion by Arndt, second by Christensen, to close public hearing. Motion carried unanimously.
COMMUNICATIONS, REQUESTS AND PETITIONS
9.
(Purpose: to provide Council with information
necessary to craft wise policy. Always looking toward the future, not monitoring past)
UNFINISHED BUSINESS
10.
(a)CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON’S COMPREHENSIVE/LIABILITY
COVERAGE
Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that each year the
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CITY COUNCIL MINUTES –SEPTEMBER 13, 2011
City renews its general liability policy. For the remainder of 2011 and into early 2012, the City will be
paying $388,547 in insurance premiums. This covers premiums for, among other things, property,
municipal liability, workers’ compensation, equipment breakdown and inland marine.
As part of the general liability insurance renewal, the City needs to decide whether or not the City wants to
waive the municipal tort liability limits from $500,000 per claimaint to $1,500,000 per occurrence. If the
City does waive this, the City must purchase excess liability coverage. Historically, the City has not waived
the municipal tort liability limits due to little benefit and Mr. Carter recommended continuing to not waive
the tort liability limits. The consensus of the Council was to not waive the tort liability limits.
NEW BUSINESS
11.
(a)CONSIDERATION FOR APPROVAL OF AUTHORIZING PRESALE REPORT AND ISSUANCE OF
2011 GENERAL OBLIGATION ROAD IMPROVEMENT BONDS
Jeremy Carter, City Administrator, noted that each year the City issues bonds for road improvement
projects.
Mr. Carter introduced Steve Apfelbacher from the City’s financial advising firm, Ehlers & Associates.
Mr. Apfelbacher explained that the action tonight is to authorize Ehlers to prepare documents for a bond
sale. The proposed bond issue is in the amount of $2,835,000 and is to provide long-term financing for
seven improvement projects. The awarding of the bonds will be considered at the October 11, 2011, City
Council meeting.
Motion by Czmowski, second by Yost, to approve authorizing presale report and providing for the sale of
the 2011 general obligation road improvement bonds. Motion carried unanimously.
(b)CONSIDERATION FOR APPROVAL OF MEMBERSHIP IN THE “MINNESOTA ANGEL NETWORK”
Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained a new economic
development initiative that the EDA is considering. The project is the Minnesota Angel Network (“MAN”)
which is designed to help newly formed companies become investment ready and get connected to potential
investors. The EDA is proposing to become a partner with MAN by providing initial financial support and
some EDA staff time to assist MAN in their activities. MAN is hosted by the BioBusiness Alliance of
Minnesota. MAN connects early-stage companies with investors and is based on proven models used in
other states. With this partnership, it allows the EDA and the City to have regular opportunities to connect
with new, up-and-coming companies and potentially be able to recruit them to Hutchinson. The cost for
partnership is $50,000 spread over two years. It is proposed that the City and EDA would split the cost with
the EDA and City each paying $12,500 the first year and the EDA paying $12,500 the second year and the
City paying $12,500 or potentially less the second year. With this, Hutchinson would become an intake
center for these companies. These funds would come out of fund balance.
Council Member Yost asked if the budget needs to be reduced in another area in order to cover these funds.
Jeremy Carter, City Administrator, responded that with the funds coming from fund balance, the budget will
not need to be adjusted. This type of allocation fits the criteria for use of one-time use of fund balance
reserves.
Motion by Czmowski, second by Yost, to approve Resolution No. 13922, authorizing membership in the
Minnesota Angel Network and appropriating $25,000 in funds. Motion carried unanimously.
(c)CONSIDERATION FOR APPROVAL OF SETTING CITY OF HUTCHINSON 2012 PRELIMINARY
TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY
(ADOPT RESOLUTION NO. 13918)
Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the proposed
2012 tax levy for the HRA is $140,000. Outside of the tax levy, the HRA receives program and grant funds.
Per statutory levy authority, the HRA can levy $157,902.
Mayor Cook noted that previously the Council had discussed setting aside funds for foreclosed properties to
purchase. With that he suggested perhaps more funds should be allocated for lead/asbestos. This should be
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CITY COUNCIL MINUTES –SEPTEMBER 13, 2011
considered more seriously for 2013.
Motion by Arndt, second by Christensen, to approve Resolution No. 13918. Motion carried unanimously.
(d)CONSIDERATION FOR APPROVAL OF SETTING CITY OF HUTCHINSON 2012 PRELIMINARY
TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT
AUTHORITY (ADOPT RESOLUTION NO. 13919)
Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the proposed
2012 tax levy for the EDA is $154,744. Per statutory levy authority, the EDA can levy $154,744.
Motion by Czmowski, second by Arndt, to approve Resolution No. 13919. Motion carried unanimously.
(e)CONSIDERATION FOR APPROVAL OF SETTING CITY OF HUTCHINSON 2012 PRELIMINARY
TAX LEVY (ADOPT RESOLUTION NO. 13920)
Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the proposed
2012 tax levy for the City of Hutchinson is $6,587,557. This includes a 3% levy increase. Final numbers
have yet to be received from Medica and Health Partners to determine employee health insurance rates.
Therefore, the final tax levy number may be reduced. This levy includes debt service.
Mayor Cook noted that for the 2013 budget and beyond, the Council will need to decide how/if to fund the
mosquito control fund.
Council Member Yost commented that including a 3% levy increase is fine to get the numbers to come out,
however he is not comfortable with this as a final increase and will not support it.
Council Member Czmowski commented that a 3% increase is about $5.00/year for a $130,000 home.
Jeremy Carter noted that the Council could approve a 0% levy increase and use one time monies of
$150,000.
Mayor Cook noted that the budget is not an expenditure issue, but rather a revenue issue.
Again, the tax levy can be decreased but not increased. The proposed is a total increase of 3.6% from 2011.
Motion by Arndt, second by Czmowski, to approve Resolution No. 13920. Motion carried unanimously.
(f)CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOPS IN OCTOBER TO
REVIEW ENTERPRISE FUNDS
Jeremy Carter, City Administrator, noted that he would like to review the water, sewer and stormwater funds
on October 11, 2011 and review the refuse, Creekside and liquor store funds on October 25, 2011. Mayor
Cook noted it is helpful to notate changes from the previous year.
Motion by Czmowski, second by Christensen, to set enterprise fund workshops for October 11, 2011, and
October 25, 2011, at 4:00 p.m. Motion carried unanimously.
(g)CONSIDERATION FOR APPROVAL OF RE-SETTING CITY COUNCIL MEETING SET FOR
NOVEMBER 8, 2011 (ELECTION DAY)
Marc Sebora, City Attorney, noted that the November 8, 2011, City Council meeting needs to be re-set due
to School Board election. State law mandates that no public meeting may be held between 6:00 – 8:00 p.m.
on election day.
Motion by Czmowski, second by Cook, to re-set November 8, 2011, City Council meeting from 5:30 p.m. to
4:00 p.m. The meeting must conclude by 6:00 p.m. Motion carried unanimously.
GOVERNANCE
12.
(Purpose: to assess past organizational performance, develop policy that guides the organization and
Council and manage the logistics of the Council. May include monitoring reports, policy development and governance
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CITY COUNCIL MINUTES –SEPTEMBER 13, 2011
process items.)
(a)FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2011
(b)HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JULY 25, 2011
(c)WEED NOTICE MONTHLY REPORT FOR AUGUST 2011
MISCELLANEOUS
13.
Jeremy Carter – Mr. Carter commented that Passport Day in the USA will be held this Saturday from 10:00
a.m. – 2:00 p.m. at the City Center. This is a promotion by the federal government to get travelers out and
apply for/renew passports.
Mr. Carter also commented that bricks had fallen from a building on Main Street earlier this morning/late
last night. The City and the property owner are working on the issue and getting it repaired. Council
Member Czmowski noted that the EDA is considering expanding the sign and awning grant program to
include building restoration.
Kent Exner – Mr. Exner reminded the Council that the McLeod for Tomorrow Transportation Forum is
being held September 22, 2011 at 1:00 p.m. in Glencoe.
Mr. Exner also noted that School Road is not intended for travel and drivers should use the detour. Council
Member Arndt noted that he had received a comment from a property owner on School Road NW that
Quentin Larson has communicated very well with residents during the roadway construction process
The leaf pick up schedule is being considered at this time and a schedule will be put out to residents in the
near future.
Discussion was held regarding the bridge replacement on South Grade Road between Otter Lake and
Campbell Lake.
Mayor Cook commented on a foreclosed housing revolving fund. He asked if this could be considered for a
future budget.
Council Member Arndt – Bill Arndt noted that the City owns a lot on Hwy 7 that has an interested buyer.
Mayor Cook commented that it would be nice to know what the assessed value is of the lot before selling it.
Mr. Carter noted that he will follow up with the Council on what the assessed value is of the property.
ADJOURN
14.
Motion by Arndt, second by Czmowski to adjourn at 7:40 p.m. Motion carried unanimously.
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