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12-14-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 14, 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 Randy Chrissis. 3. MINUTES The minutes of the regular meeting of November 23, 1993 and bid opening of December 6, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - NOVEMBER 1993 2. AIRPORT COMMISSION MINUTES OF NOVEMBER 29, 1993 3. SENIOR ADVISORY BOARD MINUTES OF OCTOBER 20, 1993 (b) APPLICATION FOR SNOW REMOVAL PERMIT 1. GENE BETKER 2. RON HANSEN 3. DIAMOND FIVE (c) CIGARETTE LICENSES FOR 1994 (d) GAMBLING LICENSES FOR 1994 The motion to order the report and minutes filed and to issue permits/licenses was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. 5. PUBLIC HEARING (a) PROPOSED AMENDMENT TO DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 7 Mayor Ackland called the hearing to order at 8:00 P.M. and read the Notice of Hearing, Publication No. 4592. Administrator Plotz reported the Tax Increment Financing CITY COUNCIL MINUTES - DECEMBER 14, 1993 Plan was presented to the Planning Commission, HCDC, School Board, and County Commissioners, and it received favorable approval from all the entities. Mark Ruff of Publicorp, Inc. explained the purpose of the hearing was to establish a tax increment district for the Prince of Peace housing project. Although the City will not issue bonds for the housing project, it will receive a tax revenue over the life of the project. A district exists for the maximum of 25 years. The motion to close the hearing at 8:12 P.M. was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. The motion to approve the Tax Increment Financing Plan and to waive reading and adopt Resolution No. 10094 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF SOUTH GRADE ROAD/OTTER LAKE CROSSING BY RUST ENGINEERING Gene Anderson from Rust Engineering gave a presentation on the project for South Grade Road and across Otter Lake. He stated the MPCA required an environmental assessment worksheet for the sewer extension. Following discussion of costs, the motion to approve the environmental assessment worksheet and permit application was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-95 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 2.58 COVERING HOSPITAL AND NURSING HOME OPERATIONS AND ADOPTED, 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. 93-95 was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 2 CITY COUNCIL MINUTES - DECEMBER 14, 1993 (b) 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 first reading of Ordinance No. 93-96 and set second reading for December 28, 1993 was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried. (c) RESOLUTION NO. 10095 - RESOLUTION DECLARING OFFICE OF COUNCIL MEMBER VACANT The motion to waive reading and adopt Resolution No. 10095 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. (d) RESOLUTION NO. 10096 - RESOLUTION FOR PURCHASE The motion to waive reading and adopt Resolution No. 10096 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. (e) RESOLUTION NO. 10097 - RESOLUTION TRANSFERRING $70,000 FROM LIQUOR FUND TO GENERAL FUND The motion to waive reading and adopt Resolution No. 10097 was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried. (f) RESOLUTION NO. 10098 - RESOLUTION TO ACCEPT PLEDGED SECURITIES FROM FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion to waive reading and adopt Resolution No. 10098 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (g) RESOLUTION NO. 10099 - 1994 TAX LEVY FOR CITY OF HUTCHINSON Finance Director Kenneth B. Merrill reported the Truth In Taxation public hearing was held on December 6, 1993. At a special budget meeting tonight the City Council reviewed the 1994 budget and reduced the tax levy by $100,000.00. 3 CITY COUNCIL MINUTES - DECEMBER 14, 1993 The motion to waive reading and adopt amended Resolution No. 10099 was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried. (h) RESOLUTION NO. 10100 - RESOLUTION ADOPTING GENERAL FUND BUDGET FOR FISCAL YEAR 1994 Finance Director Merrill noted that after a review of the general fund budget, the Council decided to adjust the use of the fund balance. A reduction of $100,000.00 was made in the budget, with $85,000.00 from the capital fund equipment and $15,000.00 from the contingency fund. The motion to waive reading and adopt amended Resolution No. 10100 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) REVIEW OF DEMOLITION OF SUPERSTRUCTURE AT 830 ELM STREET (MELVIN KLOCKMANN PROPERTY) Attorney Anderson reported he had reached an agreement with Mr. Klockmann and his attorney regarding repair of the structure. A copy of the agreement will be presented to the City Council at the December 28, 1993 meeting. (b) CONSIDERATION OF REQUEST BY AUGUSTA HOUSING MANAGEMENT COMPANY FOR TAX INCREMENT FINANCING FOR REDEVELOPMENT (WITHDRAWN NOVEMBER 9, 1993) The City Administrator stated Attorney Ron McGraw had requested this item be withdrawn from the agenda until January 1994. The motion to approve the request was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF AIRPORT HANGAR POLICY Following discussion of the airport hangar policy, the motion to defer to the December 28, 1993 meeting was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. 4 CITY COUNCIL MINUTES - DECEMBER 14, 1993 (b) CONSIDERATION OF ESTABLISHING MEETING TIME FOR SPECIAL CITY COUNCIL ORGANIZATIONAL MEETING ON JANUARY 3, 1994 The motion to set the organizational Council meeting on January 3, 1994, at 5:00 P.M. was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR PURCHASE OF LOGS AND LIMBS The motion to approve and award contract to Randy's Tree Service for $710.00 was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR ISLAND VIEW HEIGHTS FIRST ADDITION The motion to approve the subdivision agreement was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried. (e) REVIEW OF CITY HALL BIDS FOR PURCHASE OF STRUCTURES OR DEMOLITION AND REMOVAL OF STRUCTURES It was reported three demolition bids were received, but no bids for purchase of the building. Following discussion of salvage of furnishings in the old building, the motion to table to the December 28, 1993 meeting for a recommendation from staff was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF REQUEST TO PURCHASE TWO COPY MACHINES Following discussion, the motion to approve the purchase was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. The motion that the payment come from the 1993 contingency fund was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (g) CONSIDERATION OF REQUEST TO PURCHASE COMPUTER NETWORK Following discussion, the motion to approve the purchase with payment from the 1993 contingency fund was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. 5 CITY COUNCIL MINUTES - DECEMBER 14, 1993 (h) CONSIDERATION OF CHANGE ORDER NO. 1, LETTING NO. 12, PROJECT NO. 92-18 (INDUSTRIAL BOULEVARD) It was reported this project was 100 percent City cost. Following discussion, the motion to postpone was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. The amendment to the motion to pay the contractor and to contact the Utilities for reimbursement was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF REVISED RESOLUTION CALLING FOR HEARING (PROJECT NO. 94-03, LAKEWOOD DRIVE) Engineer Rodeberg requested to revise the hearing date for Project No. 940-03 to January 11, 1994 at 8:00 P.M. The motion to approve and set hearing date for January 11, 1994, at 8:00 P.M. and to waive reading and adopt Resolution No. 10101 was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-08 (HARMONY LANE/LINCOLN AVENUE) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10102 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (k) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-09 (ARCH STREET/4TH AVENUE NE) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10103 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (1) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-10 (1994 SIDEWALK IMP.) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10104 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. E. CITY COUNCIL MINUTES - DECEMBER 14, 1993 (m) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-11 - 94-17 (1994 PAVING PROGRAM) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10105 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (n) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-21 (FIFTH AVENUE NE) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10106 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (o) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-22 (PROSPECT STREET) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10107 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (p) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94-23 (SIXTH AVENUE NE) The motion to approve preparation of report and to waive reading and adopt Resolution No. 10108 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR 1. COUNTY TAX ON OUT -OF -COUNTY GARBAGE Administrator Plotz commented on the recent meeting of the Solid Waste Management Committee. He reported the committee is proposing to remove the current .50 per cubic yard fee from in -county garbage and charge the .50 fee for out -of -county garbage. A recommendation will be presented at the January 10, 1994 meeting. Another item to be considered at the January meeting is a County funded co -composting study for sludge and yard waste mixed. 7 CITY COUNCIL MINUTES - DECEMBER 14, 1993 2. LIQUOR STORE MANAGER Mr. Plotz reported interviews were held and a selection made for the liquor store manager. He commented on the proposed incentive plan for the manager which would be based on net profit for additional performance pay. The City Administrator requested the Council to adopt a Resolution establishing the 1994 compensation for the new liquor store manager. Following discussion, the motion to waive reading and adopt Resolution No. 10109 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 3. WELL PROBLEM AT WILDLIFE SANCTUARY The City Administrator noted the problem with the well in the wildlife sanctuary. He had received a $1,900.00 quote to repair the well and suggested splitting the cost on a 50/50 basis with the Gopher Campfire. After discussion, it was the consensus of the Council that the City Attorney draft a new maintenance agreement to present at a future meeting. 4. PEDDLERS/SOLICITORS LICENSE Mr. Plotz presented a request by Walter J. Shrader, dba WVS Marketing, for a Peddlers/Solicitors License. The motion to approve and issue the license was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 5. REQUEST FOR INCREASED COMPENSATION FOR HUTCHINSON UTILITIES COMMISSION Administrator Plotz mentioned the Hutchinson Utilities Commission had requested increased compensation for their services by $56 per month, pending Council action. After discussion, it was the consensus of the Council to have a salary survey conducted of other communities for a comparison. The motion to defer to the next meeting for additional information was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. 6. 1994 WAGE ADJUSTMENTS CITY COUNCIL MINUTES - DECEMBER 14, 1993 Mr. Plotz made reference to the memorandum regarding 1994 wage adjustments. The Council requested additional information and input from staff before taking action. 7. MEETING WITH COUNTY COMMISSIONERS ON TRI -COUNTY FACILITY Everyone was reminded of the meeting on December 15 with the County Commissioners to discuss the proposed tri - county maintenance facility. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the method used by the City Assessor to determine property value and assessments. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg recommended the City pull out the loose rocks in the Carrigan retaining wall and put plants in the sand to hold the rock in place. The cost would be approximately $200.00, and the work could be done in the spring. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 P.M. P]