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08-26-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 26, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls (arrived at 9:30 P.M.), Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, Director of En- gineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Wesley Vagle. 3. MINUTES The minutes of the bid openings of August 11, 1986 were approved as dis- tributed and the minutes of August 12, 1986 were approved as amended. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JULY 1986 2. 'PLANNING COMMISSION MINUTES OF JULY 15, 1986 3. NURSING HOME BOARD MINUTES OF JULY 24, 1986 (b) CONSIDERATION OF APPOINTMENTS: 1. EMPLOYEE EDUCATIONAL INCENTIVE COMMITTEE - DICK PHILLIPS ROGER HAGGENMILLER (c) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE SERVICE CHARGE (d) CONSIDERATION OF LICENSES FOR ST. ANASTASIA CHURCH'S FALL FESTIVAL SEPTEMBER 21, 1986 1. "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE 2. GAMBLING LICENSE 3. BINGO LICENSE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the minutes and report filed, ratify the appointments, approve the request, and issue licenses. Motion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) FEDERAL REVENUE SHARING BUDGET Mayor Ackland called the hearing to order at 8:15 P.M. No one was present to be heard. The motion was made by Alderman Torgerson to close the hearing at 8:17 P.M. Alderman Mikulecky seconded the mo- tion and unanimously carried. CITY COUNCIL MINUTES - AUGUST 26, 1986 Alderman Torgerson moved to adopt the budget as proposed. Motion sec- onded by Alderman Mlinar and carried unanimously. (b) IMPROVEMENT PROJECT NO. 86-12 - CONTINUED FROM AUGUST 12, 1986 Mayor Ackland called the continued hearing to order at 8:18 P.M. Director of Engineering Priebe reported on a meeting with MN/DOT regard- ing the proposed service road. Mr. Gene Setrum, MN/DOT representative, presented a layout for a serv- ice road between School Road and California Street which was discussed extensively. He also had an alternate service road plan that incorpor- ated changing the left turn islands and moving Plowman's entrance to the east. Mr. Setrum stated money might be available from the State to assist in building the service road. Mr. Arlie Schl echt commented that Plowman's bui1ding was up to the right-of-way. He further suggested that the affected property owners and City staff meet to discuss the issue. The City Council then di- rected the City Engineer to meet with the five property owners to try to come up with a solution. Mr. Jerry Hammerel from Big Bear inquired about the timeframe of the project. Engineer Priebe commented the service road between Plowman's and Big Bear would have a temporary surface and be a 429 project. It was his recommendation to continue the hearing. The motion was made by Alderman Torgerson to continue the hearing until such time as an agreement could be reached on a 429 project. Motion seconded by Alderman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF 1985 FINANCIAL STATEMENTS BY AUDITING FIRM OF CHARLES BAILLY & COMPANY Mr. Vern Grabow of Charles Bai 1 1 y & Company reviewed the City's 1985 financial statements. Several recommendations were given for improve- ments in controls and procedures. Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mikulecky, to authorize the City's accounting firm to review cash funds and make a recommendation to the City Council on how existing and proposed cash funds in the police department should be handled and explain where all police department funds have been expend- ed for the past three years (1983-85). Motion carried unanimously. CITY COUNCIL MINUTES - AUGUST 26, 1986 Alderman Torgerson amended the motion to include a review of cash poli- cies in other departments. Motion seconded by Alderman Mikulecky and unanimously carried. After discussion, it was determined the City Council will discuss the amendment concerning all departments as an agenda item at the next Council meeting for further clarification on fees from Charles Bailly. (b) CONSIDERATION OF REQUEST FOR FIRE MARSHAL TO ATTEND FIRE INSTRUCTORS ASSOCIATION FALL CONFERENCE AND CHIEFS CONFERENCE SEPTEMBER 20-21, 1986 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the request. Motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR TRANSIT COORDINATOR TO ATTEND TRANSIT CONFERENCE SEPTEMBER 17-18, 1986 Alderman Mlinar moved to approve the request. Motion seconded by Ald- erman Torgerson and unanimously carried. (d) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE FOR ARTS AND CRAFTS FESTIVAL SEPTEMBER 19-20, 1986 The motion was made by Alderman Mlinar to approve the request. Alder- man Torgerson seconded the motion and carried unanimously. Executive Director Gary Blythe inquired if the apron to the street could be used for the arts and crafts festival. This item will be addressed at the next Council meeting. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 20/86 - ORDINANCE AMENDING SECTION 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 20 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Alderman Mlinar moved to waive the second reading and adopt Ordinance No. 746 . Motion seconded by Alderman Carls and unanimously carried. (b) RESOLUTION NO. 8365 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8365. Motion carried unani- mously. (c) RESOLUTION NO. 8367 - RESOLUTION FOR AGREEMENT BETWEEN CITY AND STATE FOR PURCHASE OF UNICOM RADIO Alderman Carls moved to waive reading and adopt Resolution No. 8367. Motion seconded by Alderman Mikulecky and unanimously carried. 3 CITY COUNCIL MINUTES - AUGUST 26, 1986 (d) RESOLUTION NO. 8368 - CITY OF HUTCHINSON RESOLUTION OF APPLICATION AND AUTHORIZATION TO EXECUTE AGREEMENT AND CERTIFICATIONS It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8368. Motion unanimously car- ried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR CDC EXECUTIVE DIRECTOR AND CITY ADMINISTRATOR TO ATTEND ANNUAL BOARD RETREAT OF THE CDC SEPTEMBER 4-5 (DEFERRED AUGUST 12, 1986) Following discussion that the retreat should be held locally, Alder- man Carls moved to approve the request. Motion seconded by Alderman Torgerson and failed four to one, with Alderman Torgerson voting aye and Aldermen Carls, Mlinar, Mikulecky and Mayor Ackland voting nay. (b) CONSIDERATION OF CLEAN UP OF FORD ROLFE THIRD AVENUE PROPERTY (DEFERRED AUGUST 12, 1986) City Attorney Schaefer reported the property owner had 20 days to clean up his property, and the time had not elapsed. No action was taken. (c) REVIEW OF FIRST AND SECOND QUARTER STATUS REPORT ON 1986 OBJECTIVES (DEFERRED JULY 222 1986) City Administrator Plotz reviewed the 11 items on the objectives list. It was the consensus of the Council to schedule a special meeting for September 3, 1986 at 7:00 P.M. to review the consulting fees of Dono- hue for Phase III of the wastewater treatment plant. Discussion was also given to the possibility of putting out a City calendar for 1987. (d) CONSIDERATION OF PAYMENT FOR INSTALLATION OF LIBRARY HANDICAP RAMP Following discussion, Alderman Mikulecky made the motion that the City Council would back up the Mayor's position to request the architect pay the cost for the library handicap ramp installation. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE BY FAMILY PLUS INC. AT 40 HOUR WEEK (DEFERRED AUGUST 12, 1986) Mr. Curt Watson, counsellor for Family Plus Inc., explained the pur- pose of the non-profit organization was to work with people who had chemical or behavior problems. The money collected would be used in the McLeod and Carver County area. Following discussion, Alderman Torgerson moved to approve issuing a license to Family Plus Inc., with the stipulation that funds be used in the Hutchinson area. Motion seconded by Alderman Mlinar and carried 4 CITY COUNCIL MINUTES - AUGUST 26, 1986 unanimously. It was requested that the organization provide the City with a report at the end of a six-month period. (f) CONSIDERATION OF FREEMONT AVENUE CUL-DE-SAC FOR GREENCASTLE SITE Mr. Newell Weed expressed concern regarding the cul-de-sac and occu- pancy requirement for the Greencastle building inasmuch as some of the residents were ready to move in. He also questioned whether the City had an ordinance that required a cul-de-sac on property leading into a field. The agreement between the City of Hutchinson and the developer was re- viewed for clarity. City Attorney Schaefer suggested a written agree- ment from the developer to cover a five year period in which he could put in the cul-de-sac. It was the consensus of the Council that the cul-de-sac was required. Alderman Carls moved that the cul-de-sac be completed as of November 1, 1986 so as to assist Greencastle to make the building more readily available for occupancy. Motion seconded by Alderman Mikulecky and carried four to one, with Alderman Torgerson voting nay. Fire Marshall Field requested that the occupancy date not be approved at this time. Following discussion of three optional plans submitted for the cul-de- sac, Alderman Mlinar moved to approve plan No. 3 which was equally di- vided between the City and Greencastle property. Motion seconded by Alderman Carls. The motion was amended by Alderman Mikulecky to make the cul-de-sac a no parking zone. Amended motion seconded by Alderman M 1 i nar and carri ed, wi th Al dermen Carl s, M 1 i nar and Mi kuI ecky voti ng aye, Mayor Ackland voting nay, and Alderman Torgerson abstaining. The main motion carried, with Aldermen Carls, Mlinar and Mikulecky voting aye, Mayor Ackland voting nay, and Alderman Torgerson abstaining. Alderman Mlinar moved to order the preparation of plans and specifica- tions for the cul-de-sac. Motion seconded by Alderman Carls and car- ried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to authorize discontinuation of service as recommended unless other ar- rangements had been made. Motion unanimously carried. (b) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANTS PERMIT BY VILLAGE HOME ENTERTAINMENT CENTER FOR SEPTEMBER 6-7, 1986 Alderman Carls moved to approve the application and issue the permit. 5 CITY COUNCIL MINUTES - AUGUST 26, 1986 Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF SETTING 1987 BUDGET REVIEW DATES After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to set a budget review date for September 10 at 7:00 P.M. Motion unanimously carried. (d) CONSIDERATION OF ADOPTING ASSESSMENT ROLL NO. 222, SHADY HAVEN SUBD. The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar., to adopt assessment roll No. 222 and to waive reading and adopt Resolu- tion No. 8366. Motion carried unanimously. (e) CONSIDERATION OF INCOME GUIDELINES FOR SENIOR CITIZEN DEFERRED SPECIAL ASSESSMENTS Following discussion, Alderman Carl moved to approve the recommended eight percent increase for senior citizen deferred assessment income guidelines. Motion seconded by Alderman Mlinar and unanimously car- ried. (f) CONSIDERATION OF APPLICATION FOR DEFERRED SPECIAL ASSESSMENTS Alderman Mlinar moved to approve the deferred assessment for George Luthens. Motion seconded by Alderman Mikulecky and carried unani- mously. (g) CONSIDERATION OF CORRESPONDENCE FROM VICTOR SWANSON REGARDING WEED CUTTING City Forester Mark Schnobrich reported on the weed cutting incident affecting Victor Swanson. Following discussion, Alderman Mlinar moved to defer to September 9 meeting. Motion seconded by Alderman Torger- son and unanimously carried. (h) CONSIDERATION OF FALL LEAF COMPOSTING PROJECT Chairman Schnobrich commented on the Solid Waste Management Commit- tee's proposal for a fall leaf composting project. After discussion, The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the project. Motion carried unanimously. (i) CONSIDERATION OF TRAIL LICENSE AGREEMENT BETWEEN CITY AND MN/DNR Mr. Bob Kaul of the DNR was present to answer questions regarding the trail license agreement. Following discussion, Alderman Mikulecky moved to approve and enter into a contract. Motion seconded by Alder- man Torgerson and unanimously carried. 2 CITY COUNCIL MINUTES - AUGUST 26, 1986 (j) CONSIDERATION OF TRAIL LICENSE AGREEMENT BETWEEN PARKS & RECREATION DEPARTMENT AND MN/DNR The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son to approve and enter into a contract. Motion carried unanimously. (k) CONSIDERATION OF GRADE CLASSIFICATION ADJUSTMENTS Mayor Ackland stated this item was deferred to the budget meeting. (1) CONSIDERATION OF REZONING SUBMITTED BY SCHOOL DISTRICT NO. 423 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the rezoning and to waive the first reading of ordinance No. 21/86 and set second reading for September 9, 1986. Motion seconded by Alderman Mlinar and carried unanimously. RECESS: The City Council adjourned for a five minute recess at 9:37 P.M. (m) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY DELORIS AND CLARENCE FREITAG WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES Alderman Torgerson reported he had visited the home and found it to be comfortable for the elderly. The main concern was that it met the re- quirements of the conditional use permit. After discussion, Alderman Torgerson moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8356. Motion seconded by Alderman Mlinar and unanimously carried. (n) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY PURE CULTURE PRODUCTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson, to approve the conditional use permit and waive reading and adopt Resolution No. 8357. Motion carried unani- mously. (o) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY FRANCES CANNON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSINO After discussion, Alderman Carls moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8358. Alderman Mlinar seconded the motion and unanimously carried. (p) CONSIDERATION OF PRELIMINARY AND FINAL PLAT SUBMITTED BY KEN SANTELMAN OF SANTELMAN'S SECOND ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded 7 CITY COUNCIL MINUTES - AUGUST 26, 1986 by Alderman Torgerson, to approve the final plat and to waive reading and adopt Resolution No. 8359. Motion carried unanimously. (q) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #464, SECTION 7.09 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to approve the amendment and to waive first reading of ordinance No. 22/86 and set second reading for September 9, 1986. Motion seconded by Alderman Mikulecky and car- ried unanimously. (r) CONSIDERATION OF PROPOSED REGISTERED LAND SURVEY SUBMITTED BY RICHARD SCHMIDTBAUER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to approve the registered land survey and to waive reading and adopt Resolution No. 8363. Motion unanimously car- ried. (s) CONSIDERATION OF FINAL PLAT OF PLAZA HEIGHTS SUBMITTED BY ALBERTSON AND HERMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Mlinar moved to approve the final plat and to waive reading and adopt Resolution No. 8360. Motion seconded by Alderman Carls and carried unanimously. (t) CONSIDERATION OF FINAL PLAT OF WOODRIDGE SUBMITTED BY MIKULECKY AND COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to approve the final plat and subdivision agreement and to waive reading and adopt Resolution No. 8361. Motion carried four to zero, with Alderman Mikulecky abstaining from voting. (u) CONSIDERATION OF FINAL PLAT OF SCHMIDTBAUER'S THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Mlinar moved to approve the final plat and subdivision agreement and to waive reading and adopt Resolution No. 8362. Motion seconded by Alderman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reminded the Council of a special meeting on Aug- ust 28 for a public hearing to refinance the telephone company's IRB. Also, the Council was informed of an August 28 meeting for the Police Civil Commission. It was reported that the City of Hutchinson had not received any LAWCON Rl CITY COUNCIL MINUTES - AUGUST 26, 1986 grants from its recent applications for bass pond development and arena parking lot improvements. Mr. Plotz stated no fence had ever been installed by Victor Swanson on the property adjacent to the mini -storage in the Industrial Park as authorized by the City Council. Now Mr. Swanson is requesting a cash settlement of $1,500 in the form of a special assessment reduction. He would like this item on the next Council agenda. A meeting regarding disaster preparedness was held today. It was de- cided that the Council and key local industry representatives should be involved and view a film. Therefore, a meeting date will be establish- ed after the budget meetings are over. The City Administrator reported Bonnie Baumetz would replace the pres- ent Planning Commission secretary who has resigned her position, and the receptionist position will be advertised. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Director of Engineering Priebe reported on Lettings No. 11 and No. 13. He requested Council approval of the plans and specifications for Let- ting No. 13 and authorization to advertise for bids on September 9, 2:00 P.M., for Lettings No. 11 and No. 13. Following discussion, Alderman M 1 i nar moved to order and approve plans and specifications, set bid date of September 9 at 2:00 P.M., and to waive readings and adopt Resolutions No. 8369, No. 8370, and No. 8371. Motion seconded by Alderman Carls and unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the status of the plaques to be presented to out -going board and commission members. Concern was expressed regarding the City serving beer at the picnic and the City's liability in the event of an accident. Alderman Carls re- ported the hospital had discontinued serving beer at its party, and he suggested the Council discuss a policy at some future meeting. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated he had been contacted by Kraus -Anderson re- garding available space for a satellite liquor store in the mall area. Additional information will be forthcoming. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky updated the Council members on the police station project. He reported the architect was over budget, and the committee requested the architect to make cuts to reduce the construction cost. 7 CITY COUNCIL MINUTES - AUGUST 26, 1986 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar to approve and authorize pay- ment from the appropriate funds. Motion seconded by Alderman Miku- lecky and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:55 P.M. 10