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08-27-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL AUGUST 27, 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 - Rev. Randy Chrissis, of Christ the King Lutheran Church, delivered the mvocatlOn. 3. MINUTES (a) REGULAR MEETING OF AUGUST 13,2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JULY 16, 2002 2. PLANNING COMMISSION MINUTES FROM JULY 16, 2002 3. HUTCHINSON UTILITIES FINANCIAL STATEMENT FOR JULY 2002 4. HUTCHINSON AREA HEAL TH CARE FINANCIAL STATEMENT FOR JUL Y 2002 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2002 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12010 - RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON JEFFERSON STREET DURING ARTS & CRAFTS FESTIVAL 2. RESOLUTION NO. 12012 - RESOLUTION PROVIDING SUPPORT TO MCLEOD COUNTY TO PROCEED WITH JEFFERSON STREET PROJECT 3. RESOLUTION NO. 12016-RESOLUTIONTO SELL AT AUCTION UNCLAIMED PROPERTY (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A PRELIMINARY PLAT AND FINAL PLAT SUBMITTED BY FRANK FAY FOR FREDERICK SELTZ AND HENNEN'S PROPERTIES TO BE KNOWN AS SELTZ SUBDIVISION LOCATED ON HWY 7 EAST AND HWY 22 WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12013) 2. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY MICHAEL DEMMER, PRAIRIE SENIOR COTTAGES, TO CONSTRUCT AN ASSISTED LIVING PROJECT LOCATED AT 850 CLEVELAND AVENUE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12014) CITY COUNCIL MINUTES - AUGUST 27, 2002 3. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS COLORADO RIDGE SUBMITTED BY KEVIN COMPTON LOCATED IN HELLAND'S SEVENTH ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12015) 4. CONSIDERATION OF ORDERLY ANNEXATION OF VINCENT DOOLEY PROPERTY BETWEEN CITY OF HUTCHINSON AND THE TOWNSHIP OF HUTCHINSON (ADOPT RESOLUTION NO. 11994) (d) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR BARRY GREIVE TO FORT WORTH, TEXAS, FROM SEPTEMBER 29 - OCTOBER 4,2002, TO ATTEND A JOINT MEETING WITH BUILDING OFFICIALS AND CODE ADMINISTRATORS (e) CONSIDERATION OF HRA BOARD APPOINTMENT (f) LETTING NO. 13, PROJECT NO. 02-20 (SOUTH FORK CROW RIVER BANK STABILIZATION) . ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS . APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (g) ASSESSMENT ROLL NO. 5058, LETTING NO.7, PROJECT NO. 02-26 (lST ADDITION TO RA VENWOOD) . WAIVING HEARING ON ASSESSMENT . ADOPTING ASSESSMENT . ACCEPTING BID AND AWARDING CONTRACT Item 4( e) was pulled for further discussion. Ian McDonald was recommended by the HRA Board to be appointed.. Kay Peterson asked if there were any further discussions regarding adding a board member as was mentioned at the last Council meeting. Duane Hoversten explained that at this time there will be no addition of board members. He also stated that there were three excellent candidates that showed interest in serving and confirmed that there will be a term open next year. Ian McDonald was officially appointed to the HRA Board. Item 4(f) was pulled and will be presented as a public hearing. Motion by Mlinar, second by Haugen, to approve consent agenda with the exception of Item 4(f). Motion carried unanimously. 5. PUBLIC HEARING- 6:00 P.M. (a) LETTING NO. 13, PROJECT NO. 02-20 (SOUTH FORK CROW RIVER BANK STABILIZATION) John Rodeberg, Director of Engineering/Public Works, presented before the Council. Mr. Rodeberg explained that this area of the south fork of the Crow River bank is eroding and needs to be improved and rebuilt. Mr. Rodeberg explained that the MPCA's dump site project is also a part of this project. The stabilization project is proposed to return to its original channel. The estimated total cost ofthe project is approximately $171,000 and will be 100% assessed to property owners. The requested approval for tonight is to advertise for bids from contractors to move ahead with the project. John Rodeberg explained that no additional funding has been located due to cutbacks in grant dollars. A gentleman approached the Council who lives across from West River Park. He and some neighbors in his area are requesting that this area also be improved due to severe erosion damage. John Rodeberg explained that his staff will review this area to see what 2 CITY COUNCIL MINUTES - AUGUST 27, 2002 improvements can be made. Motion by Mlinar, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Peterson, second by Hoversten, to approve the plans and specifications and order advertisement for bids and order improvement and preparation of plans and specifications. Motion carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) 2003 FUNDING REQUEST BY SOUTHWEST MINNESOTA FOUNDATION Marc Sebora, City Attorney, explained that he had distributed to the Council the Attorney General's opinion regarding cities in general making contributions to non-profit organizations. Due to the extreme scrutiny of cities spending taxpayers' funds, Mr. Sebora's recommendation would be to deny this funding request. Mayor Torgerson explained that historically the City Council has contributed to the Southwest Minnesota Foundation and that the state does not necessarily look down on these types of contributions, due to what this type of organization gives back to the community. Sherry Ristau, SW Minnesota Foundation President, presented before the Council. Ms. Ristau expressed that to date she has not faced this type of obstacle with other cities. Ms. Ristau explained that she would be happy to meet with the City Attorney and other city officials to explain the types of contributlOns they make to area businesses in Hutchinson and the surrounding area. Marc Sebora did state that since the SW Minnesota Foundation does contribute back to the community, there may be a way to work out this type of donation to them. Ms. Ristau continued to update the Council on the current proj ects and other matching funds that have been received. Motion by Mlinar, second by Peterson, to defer this item to the September 12,2002, Council meeting until further research can be conducted regarding such contributions. Motion carried unanimously. 7. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATIONFORAPPROV AL OF CONSTRUCTION OF HUTCHINSON POLICE SERVICES STORAGE GARAGE Steve Madson, Director of Police/Emergency Management Services, distributed to the Council a drawing ofthe proposed storage garage. Mr. Madson continued to explain that the funding of the bmlding is covered and the necessity of the building due to an expansion in investigative personnel. Motion by Peterson, second by Mlinar, to approve the construction ofthe Hutchinson Police Services storage garage. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF APPROPRIATING FUNDS FOR THE FIRE/POLICE TRAINING SITE Brad Emans, Fire Chief, presented before the Council. Mr. Emans publicly thanked Police Chief Madson for the work he has achieved with this project. Mr. Emans continued by stating that this project is somewhat over budget, even though extra funding has been sought and cutbacks have been made to the project. Mr. Emans explained that in 1980 the City passed a bond for the fire station and there are excess funds still available. Mr. Emans requested that up to $25,000 be transferred from the fire station excess bond fund to the general fund to cover the additional costs related to the construction of the training site. John Rodeberg further explained that some ofthe extra costs incurred are related to the crow 3 CITY COUNCIL MINUTES - AUGUST 27, 2002 river bank stabilization project and funds will need to be acquired in order for this project to be completed. Motion by Peterson, second by Mlinar, to appropriate up to $25,000 for the fire/police training site from the fire station excess bond fund. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF RENEWAL OF LIABILITY, COMPREHENSIVE AND PROPERTY INSURANCE Jeff Borkenhagen, Insurance Planners, presented before the Council. Mr. Borkenhagen explained that the League ofMN Cities Insurance Trust, which covers loss control, remains strong and a large percentage of Minnesota cities are members of the Trust. Mr. Borkenhagen reviewed the various insurance coverages and the premium activity from year to year for the City of Hutchinson. Overall, rates and premiums have lowered due to the amount of claims and the City's exposure. Ken Merrill, Finance Director, reviewed some of the additional coverages that the League ofMN Cities Insurance Trust has included as part of the overall package. Mr. Merrill further explained that the City's $25,000 deductible is being reviewed to determine the benefits of it. Jeff Borkenhagen continued to explain the dividend check that may be issued to the City at the end of each year, based upon a calculation that the League configures pooling in all the cities in Minnesota. The dividend is based on the City's activity and the deductible that is paid in. Mr. Merrill explained the fidelity bonds that are placed on the Finance Director and the CEO of Hutchmson Area Health Care. The City Administrator will also be added for coverage under the fidelity bonds. John Mlinar questioned the coverage placed on the City Council for the Open Meeting Law. Mr. Mlinar expressed that he doesn't see a need for the City to pay for this type of coverage when they have more than adequate legal advice provided by the City Attorney. Ken Merrill explained that this coverage is for individual council members in the event they are on target and would need legal coverage. There was discussion amongst the Council Members weighing the necessity ofthis coverage and different circumstances that it may pertain to. Duane Hoversten requested the items specifically covered under the Open Meeting Law coverage. Jeff Borkenhagen explained that this coverage is specifically to cover actions relating to violating the Open Meeting Law. Jeff Borkenhagen will research this coverage in more depth and confer with the Finance Director and City Attorney. Ken Merrill requested that the City Council approve the insurance renewals as presented. Motion by Haugen, second by Mlinar to renew the insurance renewals, which does not include the Open Meeting Law coverage. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2002 GENERAL OBLIGATION IMPROVEMENT BOND AND SEWER & REVENUE BONDS Jim Prosser, Ehlers & Associates, presented before the Council. Mr. Prosser eXplained the street projects outlined as part ofthe sale ofthe general obligation improvement bonds. The proj ects require two different bond issues for better control measures. Mr. Prosser continued to explain the structure of the bonds and the repayment schedule. The current market interest rate is at a near historic low and not expected to change prior to the bond sale. Mr. Prosser explained that the City's credit rating is very good and in favorable standings. Motion by Hoversten, second by Mlinar, to approve the calling of general obligation improvement bonds and sewer improvement bonds, adopting Resolution No. 12017 and Resolution No. 12018. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF EDA EXECUTIVE DIRECTOR POSITION DESCRIPTION AND APPLICA TION PACKET Brenda Ewing, Human Resources Director, explained the minor changes that were made the EDA Director job description. These changes include to whom the position reports to, clarifying duties and responsibilities and office equipment used in the position. Ms. Ewing 4 CITY COUNCIL MINUTES - AUGUST 27, 2002 went on to explain the advertising recruitment strategies used to fill the position. Motion by Peterson, second by Hoversten, to approve the position description and application packet. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Gary Plotz explained that at the compost site workshop earlier today city staff reviewed various activities that are happening at the compost site, including the marketing strategies that are in place. Mr. Plotz explained specific projects and improvements that have been made to processes. These projects include colorizing mulch and a blending line for soil mixing. Mr. Plotz explained that the City of Hutchinson (dba Creekside Soil) entered into a marketing contract earlier in the year with Jeff Meehan Sales to market Creekside's products. Jeff Meehan presented before the Council. Mr. Meehan explained that his firm has sold and marketed bagged lawn care products for the past 25 years. Mr. Meehan continued to explain that three distributors have been scheduled to sell Creekside products at trade shows throughout the area. Independent entities (i.e. Bachman's, Mills Fleet, etc.) are being contacted regarding the Creekside products. One-on-one presentations, faxes, mailings and trade shows are all part of the marketing program for Creekside. Mayor Marlin Torgerson read a request made by Hutchinson Area Health Care Board requesting the City Council approve upgrading the dictating system. The Hutchinson Area Health Care Board requests the Council's approval to purchase this system for the amount of $225,376.57. Motion by Mlinar, second by Haugen, to approve purchasing the new dictation system for Hutchinson Area Health Care. Motion carned unanimously. Marc Sebora - Mr. Sebora requested that the City Council approve closing a portion of the September 12,2002, Council meeting to discuss litigation regarding the Scenic Heights law smt. Motion by Mlinar, second by Peterson, to close a portion of the City Council meeting on September 12,2002. Motion carried unanimously. Mr. Sebora also reminded citizens to be aware of stop arm signs on school buses. Mr. Sebora explained the rules and fines related to violating a stop arm sign. John Mlinar - Mr. Mlinar reviewed the Fall Parks, Recreation and Community Education brochure, displaying the various activities and services provided in Hutchinson for the youth to the elderly. There is an abundance of information provided in this brochure. Mr. Mlinar also made a public announcement that he will not be running for council member in the Fall election. Mr. Mlinar has served on the City Council for 21 years. Kay Peterson - Ms. Peterson reminded citizens that the part of Grove Street that runs on the west side of Park Elementary is a one-way street, which is also the block that the buses park on when picking up children. She cited that several vehicles drive the wrong way on this street and can be very dangerous for the children in the neighborhood. John Rodeberg mentioned that city staff will research placing additional signs on this stretch of Grove Street. Gary Plotz - Mr. Plotz reviewed the candidate filing procedure that opened today. Filing closes September 10,2002. As of today, Bill Arndt has filed for a council member seat. Mr. Plotz also explained that Creekside Compost Site has received a Governor's Award and 5 CITY COUNCIL MINUTES - AUGUST 27, 2002 the ceremony will be held October 3,2002, in St. Paul. All council members are invited to attend. John Rodeberg - Mr. Rodeberg explained that John Olson had researched the speed zone on 2nd Avenue along the south side of Park Elementary School. Mr. Olson's findings are that the current signage is the most appropriate and the most enforceable. The MN State Patrol has specific training that they can provide to local law enforcement officers to better enforce this rule. Mr. Rodeberg also requested the City Council to set a public hearing for the next Council meeting for the old dump site improvement project. Motion by Peterson, second by Haugen to approve the report on improvement and call for public hearing to improve the old dump site. Motion carried unanimously. Mr. Rodeberg also requested the costs to be assessed and ordering preparation of proposed assessment for Jefferson Street in order to move the project ahead. Prices came in much lower than anticipated. Motion by Mlinar, second by Peterson to approve the costs to be assessed, ordering preparation of assessment and set hearing for September 12,2002, for the Jefferson Street proJect. Motion carried unanimously. Marlin Torgerson - Mayor Torgerson noted that he has been working with organizations to arrange programs/events on September 11, 2002, at Library Square at 12 noon. Mayor Torgerson asked all citizens to take part in the events and to wear red, white and blue on this day. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Peterson, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7: 10 p.m. 6