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10-22-1991 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 22, 1991 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. 3. 4. 5. 6. 7. INVOCATION In the absence of a pastor, there was no invocation. MINUTES The minutes of the regular meeting of October 8, 1991 and special meeting of October 15, 1991 were approved as dis- tributed. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 1991 2, PLANNING COMMISSION MINUTES - SEPTEMBER 17, 1991 3. SENIOR ADVISORY BOARD MINUTES - SEPTEMBER 18, 1991 The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed. PUBLIC HEARING None. COMMUNICATIONS, REQUESTS AND PETITIONS None. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 91-44 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 2.11, SETTING FORTH COMPENSATION LEVELS FOR THE MAYOR AND COUNCIL MEMBERS AND AMENDING SUBDIVISION 3, RELATIVE TO PER DIEM RATES AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS 4f CITY COUNCIL MINUTES - OCTOBER 22, 1991 The motion was made by Alderman Erickson, seconded by Alderman Lenz and carried four to one with Alderman Mlinar voting nay, to waive second reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CONTRACT TERMINATION, LETTING NO. 5, PROJECT 89-15 AND LETTING NO. 5, PROJECTS 90-05, 90-07, 90-13, 90-14, AND 90-18 City Engineer Rodeberg reported no action was needed. (b) CONSIDERATION OF REVISED PERSONNEL POLICY (DEFERRED SEPTEMBER 10, 1991) Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the policy and to waive reading and adopt Resolution No. 9593. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve discontinuation of service unless arrangements were made. (b) CONSIDERATION OF WASTEWATER TREATMENT PLANT SERVICE CONTRACT RENEWAL WITH FISHER & PORTER COMPANY Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into contract. (c) CONSIDERATION OF FRANCHISE RENEWAL WITH STAR CABLEVISION GROUP Attorney Anderson stated some issues remain, but the request for discussions from Star Cablevision was reason- able. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and to enter into discussions with Star Cablevision. 2 CITY COUNCIL MINUTES - OCTOBER 22, 1991 (d) CONSIDERATION OF REQUEST BY JUNKER SANITATION SERVICE FOR LANDFILL TIPPING FEES INCREASE Attorney Anderson recommended accepting the staff recom- mendation of an increase of 44 cents per resident for tipping fee. The City Attorney stated he would notify Junker of the action taken. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to grant the increase of 44 cents per resident, effective November 1, 1991. (e) CONSIDERATION OF DIAMOND 5 DEMOLITION SALVAGE RIGHTS AT DOWNTOWN REDEVELOPMENT SITE Attorney Anderson and Engineer Rodeberg explained that the demolition work performed by Diamond 5 was satis- factory, but the question was regarding interpretation of contract terms. The intent of the City was that owners would be allowed to strip the buildings before demoli- tion. Attorney Walzer, representing Diamond 5, stated he be- lieved demolition contractors expect to get the salvage value of items remaining in buildings and that Diamond 5 was requesting extra payment because of the loss of this salvage value. Engineer Rodeberg stated that the contract was written clearly and there should have been no misunderstanding of its terms. Attorney Anderson advised the Council to make its decision on the basis of reasonableness. The item was deferred to November 12, 1991 to give the Council an opportunity to review it further, on a motion by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried. (f) DISCUSSION OF EVACUATION PLAN AT COUNTRY CLUB TERRACE MOBILE HOME PARK At the request of the Police Chief, this item was de- ferred to the meeting of November 12, 1991, on a motion by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried. (g) DISCUSSION OF PROPOSED 1992 IMPROVEMENT PROGRAM 3 CITY COUNCIL MINUTES - OCTOBER 22, 1991 Engineer Rodeberg stated the 1992 improvement -projects will be very complicated, and it may be necessary to have a consultant help with some of the stormwater work. Attorney Anderson suggested it might be a good idea at this time to consider creating a stormwater drainage dis- trict for the whole city based on new regulations. Following discussion, a public hearing was set for Let- ting No. 1, Project No. 92-01 and Letting No. 2, Project No. 92-02 for November 26, 1991, on a motion by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 6.07, REGARDING GARAGE AND DRIVEWAY SETBACKS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Administrator Plotz explained that a conditional use permit may be granted only when there is an existing garage slab so that a one -car garage may become a two -car garage. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and to waive first reading of Ordi- nance No. 91-45 and to set second reading for November 12, 1991. (i) CONSIDERATION OF GARAGE VARIANCE REQUESTED BY WARREN DEMUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the variance and to waive reading and adopt Resolution No. 9586. (j) CONSIDERATION OF REZONING FROM R-3 TO C-4 REQUESTED BY REGIONAL EYE SPECIALISTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve rezoning and to waive first reading of Ordinance No. 91-46 and to set second reading for November 12, 1991. N CITY COUNCIL MINUTES - OCTOBER 22, 1991 (k) CONSIDERATION OF SIGN VARIANCE REQUESTED BY REGIONAL EYE SPECIALISTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve the sign variance and to waive read- ing and adopt Resolution No. 9587. (1) CONSIDERATION OF DRIVEWAY VARIANCE REQUESTED BY LARRY DEGROTE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to approve the variance and to waive reading and adopt Resolution No. 9588. (m) CONSIDERATION OF REGISTERED LAND SURVEY REQUESTED BY FAIR BOARD/3M WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and to waive reading and adopt Resolu- tion No. 9589. (n) CONSIDERATION OF VACATION OF PORTION OF ALLEY BETWEEN DIVISION AVENUE AND MILWAUKEE AVENUE REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimous- ly carried, to approve and to waive first reading of Ordinance No. 91-47 and to set second reading for Novem- ber 12, 1991. (o) CONSIDERATION OF VACATION OF PORTION OF IVY LANE BETWEEN SIXTH AND SEVENTH AVENUE SE REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and to waive first reading of Ordi- nance No. 91-48 and to set second reading for November 12, 1991. 5 t CITY COUNCIL MINUTES - OCTOBER 22, 1991 (p) CONSIDERATION OF FINAL PLAT OF BETKER'S SECOND ADDITION (CASEY'S COURT) SUBMITTED BY PAUL BETKER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and to waive reading and adopt Resolution No. 9590. (q) CONSIDERATION OF FINAL PLAT OF PRIEBE ADDITION SUBMITTED BY MARLOW PRIEBE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve and to waive reading and adopt Resolu- tion No. 9591. (r) CONSIDERATION OF SKETCH PLAN SUBMITTED BY SKIP QUADE, ACOMA TOWNSHIP (TWO MILE RADIUS) WITH NO RECOMMENDATION OF PLANNING COMMISSION Engineer Rodeberg stated the City had concerns about this development, but it had no authority before the county action was taken on the request. Following discussion, Mayor Ackland asked that the staff research and report to the Council what the City's legal authority was and its responsibility on plats outside the City. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to refer to the County with no recommendation. (s) CONSIDERATION OF LOT SPLIT SUBMITTED BY ARLEN AAS ON BRADFORD STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve lot split. (t) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT ON MUNSELL PROPERTY (DANCE STUDIO) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION This item was referred to City staff and no action taken. CITY COUNCIL MINUTES - OCTOBER 22, 1991 (u) CONSIDERATION OF 1991 RURAL FIRE DEPARTMENT BUDGET Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9592. (v) CONSIDERATION OF SPECIAL ASSESSMENTS FOR HELLANDS PARK LAND Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously car- ried, to approve and delete special assessments. (w) CONSIDERATION OF SETTING SPECIAL MEETING TO CANVASS 1991 CITY ELECTION The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to set a special meeting for Tuesday, November 5, 1991 at 8:30 P.M. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated bids were received for logs and limbs from the 1991 forestry program. It was recom- mended that the high bid from Duane Otto for $700 be ac- cepted. The motion was made by Alderman Lenz, seconded by Alder- man Mlina'r and unanimously carried, to accept the bid. The Council members were reminded of the budget meeting on October 29 at 5:00 P.M. Administrator Plotz had received complaints from resi- dents of Country Club Terrace regarding excessive water billing charges by the owner. Attorney Anderson will meet with the owner about this and other unresolved matters. Administrator Plotz received correspondence from Gene and Audrey Cox on Luedtke Lane regarding a variance for their septic system. City ordinance requires hookup to the City sewer system or recertification of a private system before a variance would be granted to continue the pri- vate system. The staff will review this matter and fol- low up with a letter to the Coxes. F CITY COUNCIL MINUTES - OCTOBER 22, 1991 Administrator Plotz reviewed the proceedings at the Dun- ker trial which concluded recently. A video tape from nine years ago proved very helpful in presenting the City's case. It would be advisable to video tape all future City Council meetings and keep the tapes for ten years in the event of similar needs in the future. The Planning Commission meetings could be on audio tapes. The City Administrator and City Attorney will develop a policy for future recording of meetings. (b) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson stated he had a call from a citizen re- garding the billing policy for sewer charges. Alderman Torgerson,stated he believed the policy should be review- ed since some commercial and residential users have dif- ferent peak periods than the normal summer peak. Alderman Erickson asked about electrical inspections in the City. It may become a requirement that the City pro- vide such inspections in the future. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported that Shopko wanted to acceler- ate the time frame for construction and would like to start pouring footings next week in order to open for business next spring. There have been problems with their subcontractors which the City was working to re- solve. (d) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg reported that the leaking joints in the repaired dam had been resealed, and the water level should be returning to normal. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland discussed a letter received from Mrs. Lor- raine Wright. The Council will continue discussion with her if desired and will involve the County social worker, if possible. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 8 CITY COUNCIL MINUTES - OCTOBER 22, 1991 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:05 P.M.