08-24-1999 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 24, 1999
1. Mayor Torgerson called the meeting to order at 5:30 p.m. Present: Mayor Marlin Torgerson,
Council Members Jeff Haag, John Mlinar, Kay Peterson and Don Erickson. Also present:
City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney
Marc A. Sebora.
2. The Reverend Pat Casey gave the invocation.
3. MINUTES
The minutes of the regular meeting of August 10, 1999 were approved as presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING COMMISSION MINUTES OF JULY 20, 1999
2. FINANCIAL REPORT AND CERTIFICATES INVESTMENT REPORT
FOR JULY 1999
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 11298 - RESOLUTION OF SUPPORT FOR WORLD
WAR II COMMEMORATIONDA Y TO RING ALL CHURCH BELLS AT
9:04 A.M. ON SEPTEMBER 2, 1999
2. RESOLUTION NO. 11299 - DNR RESOLUTION FOR SALE OF LAND
3. RESOLUTIONS REGARDING LETTING NO. 16/PROJECT NO. 99-38;
ROLLING MEADOWS:
y RESOLUTION NO. 11300 - DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
ROLL #5034
y RESOLUTION NO. 11301 - WAIVING HEARING ON PROPOSED
ASSESSMENT
y RESOLUTION NO. 11302 - ADOPTING ASSESSMENT
y RESOLUTION NO. 11303 - ACCEPTING BID AND AWARDING
CONTRACT
4. RESOLUTIONS REGARDING LETTING NO. 17/PROJECT NO. 99-40;
HILLTOP DRIVE N.E. IN SANTELMAN'S THIRD ADDITION:
y RESOLUTION NO. 11304 - DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
ROLL #5035
y RESOLUTION NO. 11305 - WAIVING HEARING ON PROPOSED
ASSESSMENT
y RESOLUTION NO. 11306 - ADOPTING ASSESSMENT
y RESOLUTION NO. 11307 - ACCEPTING BID AND AWARDING
CONTRACT
(c) PUBLIC DANCE PERMITS
CITY COUNCIL MINUTES - AUGUST 24, 1999
UNFAVORABLE RECOMMENDATION DUE TO INADEQUATE
STAFFING:
y JOSE A. PALACIOS FOR ARMORY ON AUGUST 28,1999
y JESUS GARCIA FOR ARMORY ON SEPTEMBER 25, 1999
FAVORABLE RECOMMENDATION:
y JOSE A. PALACIOS FOR ARMORY ON SEPTEMBER 25, 1999
y JESUS GARCIA FOR ARMORY ON OCTOBER 9, 1999
(d) OUT-OF-STATE TRAVEL REQUESTED FOR LAWRENCE WINTER TO
ATTEND NORTH DAKOTA SOLID WASTE AND RECYCLING SYMPOSIUM
ON SEPTEMBER 8-9, 1999 IN JAMESTOWN, ND
(e) OUT-OF-STATE TRAVEL REQUESTED FOR GARY PLOTZ, RANDY
DEVRIES AND DOUG JOHNSON TO REVIEW PREMIER TECH
PACKAGING FACILITY IN QUEBEC, CANADA, SEPTEMBER 23-26, 1999
(f) CONSIDERATION OF WAIVING BUILDING PERMIT FEE FOR PARK
IRRIGATION PROJECT, WITH EXCEPTION OF STATE SURCHARGE FEE
(g) APPOINTMENTS TO PARKS, RECREATION & COMMUNITY EDUCATION
ADVISORY BOARD:
y BRETT RASMUSSEN (2002)
y RICHARD PETTET (2002)
y MIKE SCHIESL (2002)
y THERESA SWEENEY (REAPPOINT - 2002)
(h) SMALL CITIES GRANT FOR HUTCHINSON HOME PURCHASE
OPPORTUNITY PROGRAM
(i) RESOLUTION NO. 11315 - RESOLUTION AMENDING RESOLUTION NO.
10882, ADOPTED AUGUST 26,1997, FOR CONDITIONAL USE PERMIT
(j) AUTHORIZATION OF INVESTMENTS BY FINANCE DIRECTOR
(k) PLANNING COMMISSION ITEMS:
1. CONDITIONAL USE PERMIT REQUESTED BY PAXTON ANDERSON
TO CONSTRUCT MULTI-FAMILY RESIDENCES IN THE R-3
DISTRICT LOCATED AT 851 DALE ST SW WITH UNFAVORABLE
RECOMMENDATION (ADOPT RESOLUTION N0.11308 )
2. CONDITIONAL USE PERMIT REQUESTED BY DAN AND GERI
SMITH TO REMOVE EIXISTING GARAGE AND REPLACE WITH 28'
X 30' GARAGE LOCATED THREE FEET FROM THE PROPERTY LINE
AT 565 JUERGENS ROAD WITH FAVORABLE RECOMMENDATION
(ADOPT RESOLUTION N0.11309)
3. CONDITIONAL USE PERMIT REQUESTED BY FRED WERTH TO
MOVE 36' X 35' TWO-STORY HOUSE TO VACANT LOT LOCATED
AT 123 - 4TH AVENUE NW WITH FAVORABLE RECOMMENDATION
(ADOPT RESOLUTION NO. 11310)
The Mayor requested that item 4-(k)-1 be pulled from the consent agenda for separate action.
2
CITY COUNCIL MINUTES - AUGUST 24, 1999
Motion by Mlinar, second by Haag, to approve the consent agenda except for item 4-(k)-I.
Motion unanimously carried.
It was noted that Paxton Anderson had requested his conditional use permit be tabled or
referred back to the Planning Commission until such time as he could present an alternative
site plan. Anderson also asked for written direction that identified the specific conditions
that needed to be addressed or corrected.
Motion by Mlinar, second by Peterson, to refer the conditional use permit back to the
Planning Commission. Motion unanimously carried.
5. PUBLIC HEARING - 6:00 P.M.
(a) CABLE FRANCHISE TRANSFER FROM TRIAX TO MEDIACOM
(CONTINUED FROM JULY 27,1999)
Sebora reported he had talked to Attorney Michael Bradley ofthe Bernick & Lifson
Law Firm regarding the franchise transfer. They are working out final details and
should have something ready for the September 14, 1999 City Council meeting.
Motion by Erickson, second by Peterson, to continue the hearing. Motion
unanimously carried.
(b) ASSESSMENT HEARING FOR LETTING NO.7, PROJECT NO. 99-10; TH 15 S.
AND DENVER AVENUE SW; ASSESSMENT ROLL NO. 5031
The Mayor called the hearing to order at 6:03 p.m.
Rodeberg commented on the project and the improvements involved. He also
explained the assessments and how the costs were divided. The City Engineer noted
the project was one week behind schedule, but it should be completed by the end of
September, including the traffic lights.
Letters were received from Wal-Mart and Ridgewater College regarding the
proposed assessments. Wal-Mart requested clarification rather than objection to the
assessments. Ridgewater College stated that since they had not anticipated a
$26,412.00 assessment for traffic signals, they would like to negotiate with the City
the assessment payment.
Motion by Erickson, second by Peterson, to close the hearing at 6:07 p.m. Motion
unanimously carried.
Motion by Erickson, second by Peterson, to approve and adopt Resolution No.
11311. Motion unanimously carried.
6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE
3
CITY COUNCIL MINUTES - AUGUST 24, 1999
7. UNFINISHED BUSINESS
(a) CONSIDERATION OF SUBDIVISION AGREEMENT FOR ROLLING
MEADOWS (DEFFERED FROM AUGUST 10, 1999)
Rodeberg commented on the subdivision agreement and the associated assessments.
Motion by Haag, second by Peterson, to approve the subdivision agreement. Motion
carried, with Erickson abstaining from voting.
8. NEW BUSINESS
(a) CONTINUATION OF DISCUSSION REGARDING CONDITIONAL USE
PERMIT FOR MINI-STORAGE BUILDINGS ON SCHOOL ROAD NORTH
The Mayor reported that City staff had met with Barry Barton, owner of the storage
building, and the Planning staff had made a recommendation.
City staff stated that the issues were: (1) timetable and conditions to be met, (2)
fencing to be installed when buildings are constructed on the north, (3) construction
of four buildings rather than two as shown in plat, (4) dust problem from gravel on
parking lot and pavement on north end, (5) no certificate of occupancy.
City Attorney Richard Schieffer reported that Barton was in violation ofthe code by
occupying the building prior to the issuance of a certificate of occupancy. He stated
that the owner needed to request an amended permit, but this had not been done.
Barry Barton stated he was not aware of a dust problem. He noted that gravel was in
place, and the required trees had been planted. Barton said he had a dilemma with
the delay since he needed to make the facility available for renters already there.
Torgerson directed the Building Department to work with Mr. Barton to amend the
permit and to move forward with a second public hearing if it is needed.
Haag questioned the action being taken. Schieffer explained that if the conditional
use permit was amended to cover the two buildings constructed this year, the
certificate of occupancy could be issued. Then the Planning Commission would
receive a different plan for future construction.
Wischnack suggested the City issue a temporary occupancy permit until the
September Planning Commission meeting was held. She stated the Building Official
had done a final inspection of the two existing buildings, and there were a few items
that needed completion.
(b) CONSIDERATION OF AWARDING BID FOR $4,350,000 GENERAL
4
CITY COUNCIL MINUTES - AUGUST 24, 1999
OBLIGATION IMPROVEMENT BONDS, SERIES 1999
Steve Apfelbacher of Ehlers & Associates reported that Moody's had raised the
City's G.O. bond rating from Baa-l to A-3. He stated this upgrade would have a
significant impact on the City and reduce its interest rate. It was noted that eight bids
were received, and he recommended awarding the bid to Morgan Stanley Dean
Witter at an interest rate of 4.96%.
Motion by Mlinar, second by Peterson, to approve awarding bid and to adopt
Resolution No. 11316 setting 1999 bond rates. Motion unanimously carried.
(c) CONSIDERATION OF AWARDING BID FOR COMPOST TURNER
Lawrence Winter reported that the City received one bid for a compost turner from
SKB Environmental in the amount of$90,000.00, plus shipping. He recommended
to award the bid since it met the specifications and the cost would be covered by
grant money.
Motion by Haag, second by Peterson, to approve and award the bid to SKB
Environmental. Motion unanimously carried.
(d) CONSIDERATION OF COMPREHENSIVE AND LIABILITY INSURANCE
RENEWAL
Insurance Agent Dennis Potter presented a comparison of various insurance costs
from 1996 to 2000. He reported the properties for utilities were deleted and on a
stand-alone policy; however, the insurance coverage would include general liability
for gas utility. He also noted that the coverage was broadened to include all
unscheduled property under $25,000.00.
Motion by Peterson, second by Mlinar, to approve the insurance renewal. Motion
unanimously carried.
(e) CONSIDERATION OF FINAL PLAT KNOWN AS "RA VENWOOD"
Rodeberg reported that the plan had been thoroughly reviewed and was ready for
approval by the City Council.
Roger Derrick, developer and property owner, commented that he had recently
started construction on the first unit. However, he cannot do any additional grading
or construction of the 11 four-unit buildings until all of the engineering work is
completed. A grading contractor has been hired to begin work on about one-half of
the area. Derrick reviewed some of the revisions to the preliminary plat.
5
CITY COUNCIL MINUTES - AUGUST 24, 1999
Motion by Mlinar, second by Erickson, to approve the final plat and to adopt
Resolution No. 11312. Motion unanimously carried.
(f) CONSIDERATION TO PERMIT PARKING ON JEFFERSON STREET DURING
ARTS AND CRAFTS FAIR TO BE HELD ON SEPTEMBER 17 & 18, 1999
Motion by Haag, second by Mlinar, to approve temporary parking. Motion
unanimously carried.
(g) CONSIDERATION OF ESTABLISHING LOCATION FOR TRAFFIC CONTROL
DEVICES
Assistant Public Works Director John Olson requested this item be pulled from the
agenda until the next City Council meeting.
Motion by Mlinar, second by Peterson, to defer to the next meeting. Motion
unanimously carried.
(h) CONSIDERATION OF ADOPTING RESOLUTION AUTHORIZING
SUBMISSION OF GRANT PROPOSAL FOR BIOSOLIDS DRYING FACILITY
It was requested that the Council approve a grant proposal for up to $70,000.00 from
the Minnesota Public Facilities Authority and Department of Trade and Economic
Department for the Hutchinson Biosolids Drying Facility.
Motion by Erickson, second by Haag, to approve the grant proposal and to adopt
Resolution No. 11314. Motion unammously carried.
(i) CONSIDERATION OF AWARDING CONTRACT(S) FOR OIL/FIL TER/ LUBE/
INSPECTION SERVICES
It was reported that five bids were received from local vendors. Olson requested
approval of a one-year agreement with Penske Auto Center and Valley Sales for
O1l1filter/lube/inspection services for light vehicles based on the following bids:
$15.57 Drive-in or appointment
(Price will increase/decrease based
on oil used in vehicle.)
$20.95 Drive-in or appointment
(Price per service for every vehicle
serviced. )
Motion by Peterson, second by Erickson, to approve the two contracts. Motion
carried with Council Member Mlinar voting nay.
. Penske Auto Center
. Valley Sales
(j) CONSIDERATION OF ADDITIONAL MAINTENANCE OPERATIONS
EMPLOYEE
Olson explained the reasons that have created a need for an additional employee in
maintenance operations. He then reviewed the proposed job description and the
benefits the City would gain from the new position.
Motion by Peterson, second by Mlinar, to proceed with a temporary full-time person
6
CITY COUNCIL MINUTES - AUGUST 24, 1999
until budget time when the Council will consider a full-time person. Motion
unanimously carried.
9. MISCELLANEOUS
(a) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR
Mlinar commented that today the election filing opened for Council Member and
Mayor positions.
(b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Rodeberg stated that the Hwy. 7 East project was behind schedule by two weeks.
There is a detour to Glencoe, and construction is on every end of town.
(c) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON
The Mayor read a letter received from KMSP, Channel 9, regarding upgrading to
their station signal for digital television. They advised the City that while they
worked on their tower, the signal strength would be significantly reduced for safety
reasons. As a result, the customers would notice cable service interruptions fort the
next three to four weeks.
10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
( a) VERIFIED CLAIMS
Motion by Erickson, second by Peterson, to approve the claims and authorize
payment from appropriate funds. Motion unanimously carried.
11. ADJOURNMENT
There being no further business, the meeting adjourned at 7:02 p.m.
7