10-09-2012 CCMMINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 9, 2012
1. CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Chad Czmowski, and
Bill Arndt. Member absent was Eric Yost. Others present were Jeremy Carter, City Administrator, Kent Exner,
City Engineer and Marc Sebora, City Attorney.
2. INVOCATION — Rev. Paul Baker, Bethlehem United Methodist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF SEPTEMBER 25, 2012
Motion by Arndt, second by Czmowski, to approve the minutes as presented. Motion carried unanimously.
7. CONSENT AGENDA (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 - NONE
(b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS
- CHANGE ORDER NO. 1 -LETTING NO. 5, PROJECT NO. 12 -06 (TRUNK HWY 15 RETAINING
WALL)
- CHANGE ORDER NO. 2 — LETTING NO. 3, PROJECT NO. 12 -04 (2012 PAVEMENT
MANAGEMENT PROGRAM)
(c) CONSIDERATION FOR APPROVAL OF ACCESS AND SIGN EASEMENT FOR "HUTCHINSON"
SIGN INSTALLATION
(d) CONSIDERATION FOR APPROVAL OF ACTIVATION OF DEFERRED ASSESSMENTS — SA5059H
(e) CONSIDERATION FOR APPROVAL OF RECOMMENDING CHARTER COMMISSION
APPLICANTS TO BE FORWARDED TO CHIEF DISTRICT JUDGE — DON WALSER AND CHRIS
KLEIMAN
(f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 7(c) and 73(e) were pulled for separate discussion.
Motion by Christensen, second by Arndt, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 7(c) had further discussion. Jeremy Carter, City Administrator, noted this item should be pulled to
CITY COUNCIL MINUTES OCTOBER 9, 2012
allow time to receive formal approval from HAHC for this easement.
Motion by Czmowski, second by Arndt, to table Item 7(c) to the next Council meeting. Motion carried
unanimously.
Item 7(e) had further discussion. Marc Sebora, City Attorney, explained that, by law, the Chief Judge of the
judicial district makes the appointments to the Charter Commission. The City has received the names of
Chris Kleiman and Don Walser who are interested in serving. With Council's approval, these names will be
forwarded to the Chief Judge for consideration. Mr. Sebora noted that there are still openings on the Charter
Commission, so if there are any more interested persons, they should submit an interest form to the
administration department.
Motion by Czmowski, second by Christensen, to approve Item 7(e). Motion carried unanimously.
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
9. COMMUNICATIONS REQUESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. Always looking toward t e uture, not monitoring past)
(a) DISCUSSION OF ADDING ROOF TO STAGE AT WEST RIVER PARK
John Rodeberg, RiverSong Steering Committee, presented before the Council. Mr. Rodeberg spoke of
efforts being made by RiverSong and other non - profit agencies in developing a plan to construct a roof over
the recently constructed stage in Masonic West River Park for use by RiverSong, Water Carnival and other
community events. RiverSong is requesting a partnership with the City and other organizations to help get
the project going. The proposal is that the City consider allowing the engineering department to complete
soils tests and Park/Rec and Public Works staff to help with the construction. The remaining costs are then
proposed to be split with the City and the community groups. Total project costs are estimated at just over
$78,000. The proposal includes City labor support in the amount of $12,150 and a financial obligation from
the City in the amount of $33,000. Community groups would raise the other $33,000. City funds would
come from the public sites fund. The Mayor proposed a $35,000 commitment from the City.
Motion by Czmowski, second by Christensen, to approve supporting the construction of the roof over the
stage which includes a $35,000 financial contribution. Motion carried unanimously.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ISSUANCE OF $2,275,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2012C (ADOPT RESOLUTION NO. 14056)
Bruce Kimmel, Ehlers & Associates, presented before the Council. Mr. Kimmel explained that two bids
were received today for the bond sale. The low bidder was BAIRD with a bid that included a true interest
rate of 2.1615 %. Mr. Kimmel summarized the results and reviewed the debt service schedules and
assessment payments. Mr. Kimmel then reviewed the summary provided by the bond rater, Standard &
Poor's. The bond rating remains at AA -.
Motion by Arndt, second by Czmowski, to approve issuance of $2,275,000 general obligation improvement
bonds, Series 2012C, adopting Resolution No. 14056. Motion carried unanimously.
(b) ORDINANCE NO. 12 -696 - AN ORDINANCE AMENDING LEASE AGREEMENT WITH
HUTCHINSON HEALTH CARE (FIRST READING AND SET SECOND READING AND ADOPTION
FOR OCTOBER 23, 2012)
Mayor Cook introduced Paul Torgerson, special legal counsel, to present before the Council. Mr. Torgerson
assisted the City with the hospital privatization in 2007 and has assisted with the lease amendment now. Mr.
Torgerson explained that current lease agreement and the relationship between Hutchinson Health Care and
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CITY COUNCIL MINUTES OCTOBER 9, 2012
the City of Hutchinson. Mr. Torgerson explained that with the evolution of health care, the theme has
become integration delivery. As such, the Hutchinson Medical Center and Hutchinson Area Health Care
have a desire to integrate their two organizations. However, there are some roadblocks in the current lease
agreement. Mr. Torgerson spoke of the multitude of benefits of an integration. The modified lease
arrangement retains City connections with communications and input, consultation in "change of control"
situations and the City will continue as the landlord. The City will receive additional cash and continuity of
lease cash flows and is relieved of its exposure to the outstanding general obligation bonds. The cash
payment to the City is proposed at $2 million along with a continual lease payment.
(Eric Yost arrived at 6:08 p.m.)
Dr. Steve Mulder, HHC CEO, presented before the Council. Dr. Mulder spoke of the good communication
that has been part of this end result. The end result is beneficial to both HHC and the City of Hutchinson.
Motion by Czmowski, second by Christensen, to set second reading and adoption of Ordinance No. 12 -696
for October 23, 2012. Motion carried unanimously.
(c) DISCUSSION ON BURNS MANOR PROPERTY AND CONSIDERATION FOR APPROVAL OF
RIGHT OF FIRST REFUSAL
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that HAHC informed the
City of Hutchinson that it had received a bona fide offer for the Burns Manor property. According to the
lease agreement, the City has the option to match the offer and retain the property or allow HAHC to retain
the property and dispose of it as desired. Mr. Sebora explained that should the City wish to revert the
property to HAHC, there are mechanisms in place to regulate development of that property.
Mayor Cook noted that the Council had met in a workshop prior to the Council meeting on this topic. The
overall consensus of the Council was not to match the offer and allow it to be reverted to HAHC.
Motion by Czmowski, second by Cook, to not match the offer received by HAHC. Motion carried
unanimously.
The City will need to release the property to HAHC and follow -up with appropriate documentation. Mayor
Cook noted if the developer could not meet the requirements of building the project, the sale will not go
through and the property will remain with the hospital.
(d) CONSIDERATION FOR APPROVAL OF SETTING TOWN HALL MEETING FOR OCTOBER 16,
2012, AT 7:00 P.M. FOR DISCUSSION OF AMENDING LEASE AGREEMENT WITH HUTCHINSON
HEALTH CARE
Motion by Czmowski, second by Christensen, to set town hall meeting for October 16, 2012, at 7:00 p.m. to
discuss amending the lease agreement with Hutchinson Health Care. Motion carried unanimously.
(e) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING FOR JOHN DAVIS
WORKSHOP ON THE ARTS & ECONOMIC DEVELOPMENT FOR OCTOBER 25, 2012, FROM 8:00 —
9:30 A.M. AT THE CENTER FOR THE ARTS
Mayor Cook explained that John Davis has worked with the City of New York Mills and the City of
Lanesboro and their accomplishments of being known for the arts. This workshop works well with the
"Imagine Hutchinson" project. Mr. Davis spoke previously in Litchfield on this topic.
Motion by Christensen, second by Yost, to set public meeting for John Davis Workshop on the Arts &
Economic Development for October 25, 2012, from 8:00 — 9:30 a.m. at the Hutchinson Center for the Arts.
Motion carried unanimously.
Motion by Czmowski, second by Yost, to set public meeting for October 24, 2012, at 12 — 1:30 p.m. and
7:00 — 8:30 p.m. at the Hutchinson Center for the Arts for John Davis Workshop. Motion carried
unanimously.
CITY COUNCIL MINUTES OCTOBER 9, 2012
12. GOVERNANCE (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
process items)
(a) FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2012
(b) PUBLIC LIBRARY BOARD MINUTES FROM JULY 23, 2012
(c) WEED NOTICE MONTHLY REPORT FOR SEPTEMBER 2012
(d) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM AUGUST 6, 2012
Council Member Arndt asked if notices could be sent to the property owners along Edmonton Avenue and
such informing them that it is their responsibility to maintain the weeds. Some property owners may need to
hire contractors to take care of this.
13. MISCELLANEOUS
Ralph Geier, 805 School Road NW 4105, presented before the Council. Mr. Geier noted that a developer
will be calling the mayor tomorrow morning to discuss the Burns Manor property.
Bill Arndt — Council Member Arndt encouraged residents to water their trees due to the dry weather.
Council Member Arndt also noted that Lindsay Whalen and the Lynx are heading to the national
championship again. He asked that the City send them a card with best wishes.
Council Member Arndt also asked that a presentation be given by Lori Pickell- Stangel of the McLeod
County Historical Museum in honor of the 150` Anniversary of the Indian uprising. He asked that this be
given at the City recognition event on October 25, 2012. A small donation is given to the museum for this
presentation. This will come out of the Council's budget.
Kent Exner — Mr. Exner provided a project update and noted that leaf pickup started today. Mr. Exner also
noted that an open house will be scheduled in the next month or so on the Hwy 15 South roundabout.
Mayor Cook — Mayor Cook spoke of the annual transfer given by HUC to the City. There is currently a
formula in place that calls for a 2.75% payment of their sales. Discussions have been taking place to
increase that percentage. HUC has agreed to an additional payment of $250,000 in 2013 to the City in
addition to their transfer amount.
14. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 6:40 p.m. Motion carried unanimously.
ATTEST:
Steven W. Cook Jeremy J. Carter
Mayor City Administrator
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