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01-11-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 11, 1994 1. The meeting was called to order by Mayor Torgerson at 7:30 P.M. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Robert Gamble. INSTALLATION OF NEWLY ELECTED COUNCIL MEMBER JOHN MLINAR City Attorney Anderson administered the oath of office to newly elected Council Member John Mlinar. 3. MINUTES The minutes of the bid opening of December 27, 1993 and special meeting of January 3, 1994 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - DECEMBER 1993 2. AIRPORT COMMISSION MINUTES OF JANUARY 3, 1994 (b) APPOINTMENTS TO HEALTH BOARD - DR. JOHN ZENK, DR. DENNIS MURPHY, AND DR. DAVID BYRON (c) APPOINTMENT TO TREE BOARD - DAVID LARSON AND REV. BRIAN BROSZ, EX -OFFICIO MEMBER FROM P.R.C.E. ADVISORY BOARD (d) APPOINTMENT TO PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY BOARD (e) APPOINTMENT TO CABLE TELEVISION BOARD - PAUL L. ACKLAND (f) APPOINTMENT TO CROW RIVER TASK FORCE - PAUL L. ACKLAND (g) APPLICATION FOR SNOW REMOVAL PERMIT 1. JERRY EBERT 2. BRIAN WENDLANDT 3. FLORIAN THODE 4. LLOYD CHRISTENSEN 5. PRIEVE LANDSCAPING N CITY COUNCIL MINUTES - JANUARY 11, 1994 The motion to order report and minutes filed, ratify appointments and issue permits was made by Council Member Erickson and seconded by Council Member Mlinar. Following discussion, Council Member Erickson withdrew his motion and Council Member Mlinar withdrew his second. The motion was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried, to order report and minutes filed, ratify the appointments with exception of the P.R.C.E. Advisory Board which was to be referred back to the Board for consideration of a second name, and to issue the permits. 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 94-03, LETTING NO. 3 (LAKEWOOD DRIVE) Mayor Torgerson called the hearing to order at 8:10 P.M. and read the Notice of Public Hearing for the proposed improvement project on Lakewood Drive. Engineer Rodeberg reviewed the improvements and the estimated assessments. The City Engineer noted it was proposed to credit property owners for previous street assessments. Sanitary sewer and watermain assessments to properties not immediately needing service were proposed to be deferred until connection. He also commented on the Shoreland Ordinance requirements and the environmental regulations. Bill Garberg, 940 Lakewood Drive, asked if the assessment would include up to the property line and if it was up to the property owner to obtain his own contractor. Since he owns the smaller lot in the area, he did not feel he should pay an equal share of the cost. He also inquired if he would have to remove the existing septic tank. Engineer Rodeberg responded that the Engineering Department would design the project and advertise for bids if the Council approved it tonight. The actual assessments will be based on the real project costs. He stated the septic system would not have to be removed if it was certified. Some of the property owners are having septic tank problems, and the need for sanitary sewer access forced the property annexation at this time. There will be a separate hearing on the crossing, and the end lot may be included in that hearing. V, CITY COUNCIL MINUTES - JANUARY 11, 1994 Vern Hahn, 880 Lakewood Drive, stated he did not ask to come into the City. He noted the costs were greater than anticipated, and he did not have lots to split off. Mr. Hahn asked if the City could lease some land. He commented on the bike path and that the people in the area are outdoor enthusiasts. He inquired about the cost of moving a gas light. He thought a road could last for 5-10 years with footing on top. The City Engineer questioned if the City would want to put footing on only a portion of the road area. It costs $86 to put in an urban street. He noted the City was looking at purchasing some additional land, but no design has been prepared. Engineer Rodeberg stated more proposals will be available to the property owners at the next public hearing. Bob Meyers, 920 Lakewood Drive, stated he had a certified septic system and 220 feet of frontage on a good lot. He saw no reason to dig up the septic system. The motion to close the hearing at 8:45 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar, and unanimously carried. The motion was made by Council Member Mlinar, seconded by Council Member Erickson, and unanimously carried, to approve the improvement and order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10132. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF REFINANCING 1987 G.O. WASTEWATER BONDS BY STEVEN APFELBACHER OF EHLERS & ASSOCIATES Bond Consultant Steve Apfelbacher of Ehlers & Associates presented a report on refinancing the callable portion of the $5,975,000 G.O. Wastewater Bonds of 1987 cross-over advance refunding on June 1, 1995. Following discussion, the motion was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried, to approve the refinancing and to take bids in two weeks. (b) DISCUSSION OF ESTABLISHING A SKYDIVING CLUB AT HUTCHINSON MUNICIPAL AIRPORT 3 CITY COUNCIL MINUTES - JANUARY 11, 1994 Tim Eakins of River Falls, Wisconsin, stated he was interested in operating a skydiving business at the Hutchinson airport. He briefed the Council on what the business operation would entail. Joe Dooley, Airport Commission member, stated the Airport Commission had recommended Mr. Eakins approach the Council to obtain approval for skydiving at the airport. He also reported there would be no problem with airplanes colliding with skydivers because the pilots must secure information on the airport briefing. Following discussion, the motion was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried, to direct City staff to review the program. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10128 - RESOLUTION ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1994 The motion to waive reading and adopt was made by Council Member Erickson, seconded by Council Member Peterson, and unanimously carried. (b) RESOLUTION NO. 10129 - A RESOLUTION ACCEPTING $162,500 FROM HUTCHINSON UTILITIES COMMISSION The motion to waive reading and adopt was made by Council Member Erickson, seconded by Council Member Peterson, and unanimously carried. (c) RESOLUTION NO. 10130 - RESOLUTION FOR PURCHASE The motion to waive reading and adopt was made by Council Member Erickson, seconded by Council Member Peterson, and unanimously carried. (d) RESOLUTION NO. 10131 - RESOLUTION ADOPTING LIQUOR FUND, WATER/SEWER/REFUSE FUND AND CENTRAL GARAGE FUND BUDGETS FOR FISCAL YEAR 1994 The motion to waive reading and adopt was made by Council Member Mlinar, seconded by Council Member Craig, and unanimously carried. 4 CITY COUNCIL MINUTES - JANUARY 11, 1994 0 (e) ORDINANCE NO. 94-97 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion to waive second reading and adopt was made by Council Member Erickson, seconded by Council Member Peterson, and unanimously carried. (f) ORDINANCE NO. 94-98 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, VACATING UTILITY EASEMENTS OF WALNUT RIDGE TOWNHOUSES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion to waive second reading and adopt was made by Council Member Erickson, seconded by Council Member Peterson, and unanimously carried. UNFINISHED BUSINESS (a) CONSIDERATION OF AIRPORT HANGAR POLICY (DEFERRED DECEMBER 28, 1993) During discussion, it was determined that any person who operated a business within the City limits but was not a resident of the municipality would be placed on the in - town list for hangar space rental at the airport. The motion to approve the airport hangar policy was made by Council Member Mlinar, seconded by Council Member Peterson, and unanimously carried. (b) CONSIDERATION OF EXECUTING A QUIT CLAIM DEED FOR B & G CARTAGE & WAREHOUSE (DEFERRED DECEMBER 28, 1993) Following discussion, the motion to approve a quit claim deed was made by Council Member Mlinar, seconded by Council Member Craig, and unanimously carried. NEW BUSINESS (a) CONSIDERATION OF AMENDMENT NO. 1 TO BIOSOLIDS MANAGEMENT FACILITIES PLAN FOR RUST E&I PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION AND SUBMITTAL OF GRANT APPLICATION Following discussion, the motion to approve amendment No. 1, to enter into agreement with Rust E&I and to waive reading and adopt Resolution No. 10136 was made by 5 CITY COUNCIL MINUTES - JANUARY 11, 1994 Council Member Craig, seconded by Council Member Erickson, and unanimously carried. (b) CONSIDERATION OF PROCURING BIDS FOR CITY WARNING SIRENS The motion to advertise for bids was approved by Council Member Erickson, seconded by Council Member Mlinar, and unanimously carried. (c) CONSIDERATION OF ESTABLISHING DATE FOR DIRECTORS' ANNUAL REPORTS OF 1993 ACCOMPLISHMENTS AND 1994 OBJECTIVES The motion was made by Council Member Craig, seconded by Council Member Erickson, and unanimously carried, to hear the Directors' annual reports at 5:30 P.M. on January 25, 1994 and 5:30 P.M. on February 8, 1994. (d) CONSIDERATION OF SETTING DATES FOR ANNUAL MEETINGS WITH FOLLOWING ENTITIES: (1) HUTCHINSON UTILITIES COMMISSION (2) HOSPITAL/NURSING HOME BOARD (3) HCDC BOARD (4) COUNTY AND TOWNSHIP OFFICIALS Following discussion, the motion was made by Council Member Craig, seconded by Council Member Mlinar, and unanimously carried, to obtain another recommended meeting date from the Utilities Commission. Following discussion, the motion was made by Council Member Erickson, seconded by Council Member Peterson, and unanimously carried, to establish the date of February 10, 1994, 7:00 P.M., to meet with the Hospital/Nursing Home Board. The motion was made by Council Member Mlinar, seconded by Council Member Craig, and unanimously carried, to establish the date of February 22, 1994, 5:30 P.M. to meet with the HCDC Board and 6:30 P.M. to meet with the HRA Board. The motion was made by Council Member Peterson, seconded by Council Member Mlinar, and unanimously carried, to establish the date of February 10, 1994, 8:00 P.M., to meet with the County/Township officials. P CITY COUNCIL MINUTES - JANUARY 11, 1994 (e) CONSIDERATION OF HOLDING WORKSHOP FOR COUNCIL MEMBERS Following discussion, no action was taken. (f) CONSIDERATION OF RECEIVING REPORTS AND CALLING HEARINGS ON IMPROVEMENT PROJECTS, LETTING NO. 8, NO. 9, AND NO. 11 Following discussion, the motion to approve and accept the reports, set a hearing date for January 25, 1994 at 8:00 P.M. for Letting No. 8 and No. 9 and February 8, 1994 at 8:00 P.M. for Letting No. 11, and to waive readings and adopt Resolutions No. 10133-10135 was made by Council Member Mlinar, seconded by Council Member Erickson, and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated he wanted to set up a meeting on January 18, 1994 at 4:00 P.M. in City Center regarding the airport condemnations. The staff would meet at 3:30 P.M. prior to the meeting to discuss the issue. It was reported by the City Attorney that the District Court had dismissed both of the statutory claims in the Junker litigation. It was recommended the City disburse $18,000.00 to Junker Sanitation to settle the 3M claim. The motion was made by Council Member Mlinar, seconded by Council Member Erickson, and unanimously carried, to approve the $18,000.00 settlement payment. (b) COMMUNICATIONS FROM COUNCIL MEMBER WILLIAM CRAIG Council Member Craig commented on the HCDC meeting scheduled for January 20, 1994. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz noted the Police Chief had requested Council authorization to attend an out-of-state seminar on March 10-11, 1994. The motion was made by Council Member Peterson, seconded by Council Member Mlinar, and unanimously carried, to approve the travel request. The City Administrator made reference to a letter received from J & D Enterprises, Inc. regarding salvage rights of the old City Hall building. 7 0 CITY COUNCIL MINUTES - JANUARY 11, 1994 It was reported the Heritage Center had requested the front counter in the old City Hall. The motion was made by Council Member Mlinar, seconded by Council Member Erickson, and unanimously carried, to approve the request. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented the Light Traffic Task Force will meet on January 24, 1994 at 6:30 P.M. The Chair Person will be Mary Ann Kasich, and they would like to have a Council representative on the committee. Mayor Torgerson appointed Kay Peterson to serve as the Council representative. (e) COMMUNICATIONS FROM FINANCE DIRECTOR Director Kenneth Merrill commented on the Fire Department budget and noted a three percent wage adjustment was requested for all chiefs, captains, and other officers. The motion was made by Council Member Mlinar, seconded by Council Member Peterson, and unanimously carried, to approve the wage adjustment. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve and authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson, and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:40 P.M. E3