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12-29-1993 CCMIm MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 28, 1993 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes of the regular meeting of December 14, 1993 and special meeting of December 6, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - NOVEMBER 1993 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF NOVEMBER 16, 1993 AND DECEMBER 2, 1993 3. HUTCHINSON HOUSING, INC. MINUTES OF NOVEMBER 16, 1993 4. PLANNING COMMISSION MINUTES OF NOVEMBER 16, 1993 5. HOSPITAL/NURSING HOME BOARD MINUTES OF SEPTEMBER 21, 1993; OCTOBER 19, 1993; AND NOVEMBER 16, 1993 (b) APPLICATION FOR SNOW REMOVAL PERMIT 1. JAMIE EMANS 2. G & G MOW & TRIM 3. ERICKSON & TEMPLIN (c) REPORT OF CITY INVESTMENTS (d) APPOINTMENTS TO BOARDS 1. JOEL KRAFT TO HRA 4. REINER LANDSCAPING 5. RANDY PETERSON 6. JUUL CONTRACTING 2. LARRY LADD TO PIONEERLAND LIBRARY BOARD IN CITY COUNCIL MINUTES - DECEMBER 28, 1993 5. �-ffi The motion to order the reports and minutes filed, to issue the permits and to ratify appointments was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. PUBLIC HEARING None COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION ON BIOSOLIDS MANAGEMENT FACILITIES STUDY BY ED NEVERS OF RUST ENGINEERING Engineer Ed Nevers reported on the cost-effective analysis for biosolids management alternatives to comply with the new federal 503 regulations. It was his recommendation that the City of Hutchinson select Alternative No. 4, Composting, as the future biosolids handling system. Mr. Nevers presented the implementation schedule for the proposed project and noted a grant was available. It was his suggestion to obtain the services of Don Roecker to assist in the grant application. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the Biosolids Management Facilities Wastewater Treatment Plant Report and authorize submitting the report to the MPCA for review by January 5, 1994, and to submit the preliminary grant application to the MPCA for the Solid Waste Capital Assistance Program in January 1994, with the assistance of Don Roecker. (b) CONSIDERATION OF REQUEST FOR POSTED RESTRICTED PARKING Administrator Plotz stated this was a reoccurring problem regarding parking around the Clinton Apartments building. It was his suggestion to refer the issue to the Police Department and City Engineer for a recommendation. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to refer the matter to the Police Department and City Engineer for a review and recommendation. E CITY COUNCIL MINUTES - DECEMBER 28, 1993 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-96 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, REPEALING SECTION 2.54 OF THE CITY CODE BY SUBSTITUTING REVISED SECTION 2.54 ENTITLED "PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY BOARD" 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 Ordinance No. 93-96 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (b) RESOLUTION NO. 10110 - AUTHORIZATION TO TRANSFER FUNDS FROM CITY OF HUTCHINSON CAPITAL FUND, GENERAL FUND AND WATER/SEWER FUNDS TO CITY HALL CONSTRUCTION FUND The motion to waive reading and adopt Resolution No. 10110 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (c) RESOLUTION NO. 10111 - RESOLUTION TO SUBSTITUTE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion to waive reading and adopt Resolution No. 10111 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (d) RESOLUTION NO. 10112 - RESOLUTION TO RELEASE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion to waive reading and adopt Resolution No. 10112 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (e) RESOLUTION NO. 10113 - RESOLUTION TO SUBSTITUTE PLEDGED SECURITIES TO CITIZENS BANK & TRUST OF HUTCHINSON, MINNESOTA The motion to waive reading and adopt Resolution No. 10113 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (f) RESOLUTION NO. 10114 - RESOLUTION FOR PURCHASE The motion to waive reading and adopt Resolution No. 3 CITY COUNCIL MINUTES - DECEMBER 28, 1993 10114 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 8. UNFINISHED BUSINESS (a) REVIEW OF AGREEMENT WITH MELVIN KLOCKMANN FOR REPAIR OF SUPERSTRUCTURE AT 830 ELM STREET Attorney Anderson reported an agreement had been prepared for Melvin Klockmann to sign, but it needed Council approval. Also, the loan company is ready to issue money for the repairs. Following discussion, the motion to approve the agreement was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF AIRPORT HANGAR POLICY (DEFERRED DECEMBER 14, 1993) Following discussion, the motion to approve the airport hangar policy was made by Councilman Torgerson, seconded by Councilman Lenz. After further discussion, Councilman Torgerson withdrew his motion, and Councilman Lenz withdrew his second. The motion to defer was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (c) DISCUSSION OF RECOMMENDATIONS FROM DIRECTORS FOR SALVAGE OF OLD CITY HALL FURNISHINGS Following discussion, the motion to approve the concept of the auction and to let the City staff determine the auction date was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (d) REVIEW OF CITY HALL BIDS FOR PURCHASE OF STRUCTURES OR DEMOLITION AND REMOVAL OF STRUCTURES (DEFERRED DECEMBER 14, 1993) During discussion, City Attorney Anderson noted the contract with J & D Enterprises stated that salvage rights belonged to the City of Hutchinson. The motion to award the demolition bid to J & D Enterprises and enter into an agreement was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 4 CITY COUNCIL MINUTES - DECEMBER 28, 1993 (e) DISCUSSION OF FAIRGROUND ISSUES Attorney Anderson addressed the fairground issues, namely: (1) acquisition of fairground's property for the airport project and the difference in the appraised value of land; (2) acquisition by the City of the additional 13.22 acres left after the acquisition; assessments on the property owned by the Fair Board; and the outstanding building permit fee. The City Attorney suggested a committee consisting of City Council representatives, City Administrator, City Engineer, and Fair Board members be established to come up with recommendations to resolve the issues. Following discussion, the motion to establish a committee consisting of Bill Craig, Marlin Torgerson, John Rodeberg, and Gary Plotz to come up with recommendations was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. (f) CONSIDERATION OF INCREASED COMPENSATION FOR UTILITIES COMMISSION BOARD (DEFERRED DECEMBER 14, 1993) Following discussion, the motion to approve the salary increase was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. Councilman Torgerson moved to amend the motion to read that the Utilities Commission Board members receive the same amount of salary that the City Council members received. Amended motion seconded by Councilman Lenz and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion to authorize discontinuation of service at noon on January 3, 1994, unless there were other payment arrangements, was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR CAR IMPOUNDING CONTRACT The motion to approve entering into contract with Plowman's was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. CITY COUNCIL MINUTES - DECEMBER 28, 1993 (c) CONSIDERATION OF AUTHORIZATION TO INVEST IN LONG TERM SECURITY The motion to approve the long-term security investment was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF HUTCHINSON CABLE RATE REGULATION POLICIES AND PROCEDURES During discussion of the local cable rate regulation policies and procedures, the City Attorney reported the FCC had set a rate freeze until February 15, 1994. The motion to approve the Hutchinson cable rate regulation policies and procedures, to be effective February 1, 1994, and to instruct the City Attorney to prepare a Resolution was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (e) CONSIDERATION OF CHANGE ORDER NO. 3 FOR CITY CENTER Following the City Engineer's report on the changes at City Center, the motion to approve Change Order No. 3 was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF EXECUTING A QUIT CLAIM DEED FOR B & G CARTAGE & WAREHOUSE Following discussion, the motion to defer to the January 11, 1994 Council meeting was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (g) CONSIDERATION OF DECLARATION OF RESTRICTIONS FOR HUTCHINSON DOWNTOWN REDEVELOPMENT --PHASE I (SHOPKO STORES, INC.) Following discussion, the motion to approve and enter into an agreement with Shopko Stores, Inc. was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR BIDS ON TWO 1994 POLICE PATROL CARS Following discussion, the motion to approve authorization to advertise for bids on two police patrol cars was made N CITY COUNCIL MINUTES - DECEMBER 28, 1993 by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. (i) CONSIDERATION OF REZONING ANNEXED WIGEN PROPERTY FROM R-1 TO C-4 WITH REQUEST OF CITY STAFF AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the rezoning and to waive the first reading of Ordinance No. 94-97 and set second reading for January 11, 1994 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF FINAL PLAT OF WALNUT RIDGE TOWNHOUSES SUBMITTED BY JUNE REDMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the final plat and to waive reading and adopt Resolution No. 10115 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (k) CONSIDERATION OF VACATION OF UTILITY EASEMENTS IN WALNUT RIDGE TOWNHOUSES PLAT SUBMITTED BY JUNE REDMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the vacation of utility easements and to waive first reading of Ordinance No. 94-98 and set second reading for January 11, 1994 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (1) CONSIDERATION OF VARIANCE ON STONEY POINT ROAD AND SCHOOL ROAD REQUESTED BY GREG AND DORI HANSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION FOR SIDE YARD VARIANCE ON SCHOOL ROAD AND UNFAVORABLE RECOMMENDATION BY PLANNING COMMISSION FOR FRONT YARD VARIANCE ON STONEY POINT ROAD Following discussion, the motion to approve the side yard variance on School Road and to reject the front yard variance on Stoney Point Road upon the recommendation of the Planning Commission and to waive reading and adopt Resolution No. 10116 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 7 CITY COUNCIL MINUTES - DECEMBER 28, 1993 (m) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE 1974 ARTCRAFT MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE REQUESTED BY EXCELSIOR HOMES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10117 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF INTERFUND LOAN FROM WATER/SEWER FUND TO LIQUOR FUND Following a report from the Finance Director, the motion to approve a 10 -year loan program with annual repayment beginning in 1994 and to waive reading and adopt Resolution No. 10118 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (o) CONSIDERATION OF ANNUAL WAGE ADJUSTMENT FOR 1994 Following discussion, the motion to recommend a 1994 wage increase of 2.5 percent was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (p) CONSIDERATION OF HCDC POLICY FOR APPROVAL OF SMALL CITIES DEVELOPMENT PROGRAM SATISFACTIONS AND SUBORDINATIONS Following discussion, the motion to approve the HCDC policy was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz reflected on his four-year term as a Council Member. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the new City Center where the meeting was held tonight. He felt the community could be proud of this facility. Councilman Mlinar expressed appreciation to Mayor Ackland and Councilman Lenz for their contribution and service to the City. 3 CITY COUNCIL MINUTES - DECEMBER 28, 1993 (c) COMMUNICATIONS FROM MAYOR -ELECT MARLIN TORGERSON Mayor -elect Torgerson presented a plaque of appreciation to out -going Mayor Ackland and Councilman Lenz. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported Neil Wagner would begin on January 3, 1994 as Liquor Store Manager. The liquor store will be doing a physical inventory the first of the year. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg noted the City Council needed to adopt a Resolution supporting the Tri -agency facility and the application for special funding. The motion to approve support of the Tri -agency facility and to waive reading and adopt Resolution No. 10119 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from appropriate funds was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:47 P.M. 0