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08-24-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 24, 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 John Mlinar, Marlin Torgerson, and Don Erickson. Absent: Councilman Craig Lenz. Also present: City Administrator Gary D. Plotz, Finance Director Kenneth B. Merrill, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Richard Gross. 3. MINUTES The minutes of the regular meeting of August 10, 1993 and bid opening of August 16, 1993 and August 17, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JULY 1993 2. CITY INVESTMENTS REPORT 3. PLANNING COMMISSION MINUTES OF JULY 20, 1993 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF JULY 20, 1993 5. HUTCHINSON HOUSING, INC. MINUTES OF JULY 20, 1993 6. TREE BOARD MINUTES OF MAY 17, 1993 (b) BINGO LICENSE APPLICATION FOR ST. ANASTASIA CHURCH (C) APPOINTMENTS: (1) PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY COUNCIL: MIKE SCHALL, MIKE CANNON, LEE COX, LINDA MARTIN, REV. BRIAN BROSZ, LORETTA PISHNEY, J.P. AUER, MARY ANN KASICH, BRUCE ROSENOW, ROBERT HANTGE, COUNCILMAN JOHN MLINAR, AND SCHOOL BOARD MEMBER DOUG BROWN CITY COUNCIL MINUTES - AUGUST 24, 1993 The motion to order the report and minutes filed, to issue the license, and to ratify the appointments was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) INTOXICATING LIQUOR LICENSE FOR WILLIAM J. MILES, DBA UNDERGROUND BAR & GRILL Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of public hearing. The hearing was closed at 8:02 P.M. upon motion by Councilman Erickson, second by Councilman Torgerson, and unanimously carried. The motion to approve the license with the recommenda- tions of the Police Department was made by Councilman Torgerson and seconded by Councilman Mlinar. Following discussion of the issue that the manager's address was outside city limits, the motion was unanimously denied. City Attorney Anderson recommended issuing a 90 -day temporary liquor license. If the residency requirement terms were not complied with in this period of time, the license would be revoked. Administrator Plotz reported the Building Official and Fire Marshall did a walk-through of the building today, and there were only minor items to report. The certifi- cate of insurance will be available. It was noted by Mr. Miles that he had already complied with the items on the list. Also, he was considering appointing a manager who lived within the city limits. The motion to issue a temporary liquor license for a period not to exceed 90 days, with the understanding that the license would be revoked if the residency require- ments were not complied with, was made by Councilman Torgerson, seconded by Councilman Mlinar and unani- mously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. K CITY COUNCIL MINUTES - AUGUST 24, 1993 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10044 - RESOLUTION FOR PURCHASE The motion to waive reading and adopt was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (b) RESOLUTION NO. 10045 - RESOLUTION SETTING INTEREST RATE FOR 1993 ADOPTED ASSESSMENT ROLLS The motion to waive reading and adopt was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ADOPTION OF CITY DRUG TESTING POLICY (DEFERRED AUGUST 10, 1993) Following discussion, the motion to adopt the drug and alcohol policy, effective November 1, 1993, and to waive reading and adopt Resolution No. 10012 was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF INCLUDING VOLUNTEER FIREMEN IN PERSONNEL POLICY AS IT RELATES TO DRUG TESTING (DEFERRED AUG. 10) Following discussion, the motion to approve and waive reading and adopt Resolution No. 10013 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (c) DISCUSSION OF STATUS OF SHEPPARD HOUSE (DEFERRED AUG. 10) Following discussion of options for the Sheppard house, the motion was made by Councilman Torgerson to proceed with formal bidding of two separate bids: (1) advertise building to be moved, and (2) advertise for bids for shingling and windows. Motion seconded by Councilman Mlinar and unanimously carried. The motion was amended by Councilman Torgerson that the Building Official and the Small Cities Grant and Loan Coordinator prepare specifications for advertising for bids on shingling and windows. Motion seconded by Councilman Mlinar and amendment unanimously carried. The main motion unanimously carried. 3 CITY COUNCIL MINUTES - AUGUST 24, 1993 The motion to prepare a package bid of moving the house onto the lot across the street as an option was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST FOR HCVN-TV TO LOCATE IN NEW CITY HALL (DEFERRED AUGUST 10, 1993) Following discussion of HCVN-TV locating in the new City Hall, the motion to defer to a date no later than September 14, 1993 was made by Councilman Mlinar and seconded by Councilman Torgerson. The motion was amended by Councilman Torgerson to direct the architect to proceed with plans and specifications to design the space for HCVN-TV at a cost of $3,200 for professional services and seconded by Councilman Erickson. After discussion, the amended motion unanimously failed. The original motion unanimously carried. (e) CONSIDERATION OF ELECTRICAL SERVICE CONDEMNATION (DEFERRED JULY 27, 1993) Attorney Anderson reviewed the area being considered for condemnation and presented the draft of an agreement between the City and property owners presently within the electrical service territory of the McLeod Cooperative Power Association. Following discussion, the motion to approve acquisition of the electrical service area by condemnation proceeding and to waive reading and adopt Resolution No. 10000 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion to discontinue service at noon on August 30, 1993 unless there were other arrangements was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF CHANGE ORDERS FOR NEW CITY HALL Project Manager Mike Derrig reviewed the change orders. He further reported on the brick and flashing color for the building exterior. 4 CITY COUNCIL MINUTES - AUGUST 24, 1993 Following discussion, the motion to approve the change orders A through I at a cost of $5,344.00 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. The motion to approve an expenditure of $132,432.00 for office furnishings ($8,870.25 to P.M. Johnson's Inc. and $123,561.72 to General Office Products) was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (c) CONSIDERATION OF ADOPTING CITY VISION STATEMENT The motion to approve and adopt the City Vision Statement was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (d) CONSIDERATION OF PURCHASE OF BRUSH CHIPPER FOR FORESTRY DEPARTMENT During discussion it was noted the Hutchinson Utilities would be paying one-half the cost of the brush chipper. The motion to approve the lowest bid of $17,876.00 for a Brush Bandit 250 by Reach Equipment was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (e) CONSIDERATION OF REPLATTED PRELIMINARY AND FINAL PLAT OF HELLAND'S NINTH ADDITION SUBMITTED BY TISCHER HOMES INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the plat with the recommendation of the Planning Commission that the developer pay for the sixth service, if necessary, and to waive reading and adopt Resolution No. 10042 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (f) CONSIDERATION OF REZONING LOT SPLIT OF PROPERTY ON MICHIGAN STREET FROM C-4 TO R-3 SUBMITTED BY PAUL BETKER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the recommen- dation of the Planning Commission to reject was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 5 CITY COUNCIL MINUTES - AUGUST 24, 1993 (g) CONSIDERATION OF VARIANCE TO REDUCE SIDE YARD SETBACK LOCATED ON MICHIGAN STREET SUBMITTED BY PAUL BETKER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the recommen- dation of the Planning Commission to reject was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (h) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT 7-PLEX ON MICHIGAN STREET SUBMITTED BY PAUL BETKER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the recommen- dation of the Planning Commission to reject was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT TO PLACE 1400 CUBIC YARD OF FILL FOR BERM LOCATED AT TARTAN PARK SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve and to waive reading and adopt Resolution No. 10043 was made by Coun- cilman Torgerson, seconded by Councilman Erickson and unanimously carried. (j) CONSIDERATION OF FINAL PLAT OF MAC'S SECOND SUBDIVISION WITHIN TWO MILE RADIUS (ACOMA TOWNSHIP) SUBMITTED BY ROXANNE KOKESH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to refer to the County with no objection was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (k) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS WITHIN TWO MILE RADIUS (HASSAN VALLEY TOWNSHIP) REQUESTED BY LARRY MCKIMM WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Minnesota Municipal Erickson, seconded by carried. the motion to Board was made Councilman Mlinar C.1 refer to the by Councilman and unanimously CITY COUNCIL MINUTES - AUGUST 24, 1993 (1) CONSIDERATION OF SKETCH OF WILLIS MILLER PROPERTY WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) SUBMITTED BY FRANK FAY WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to refer to the County with objection was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (m) CONSIDERATION OF FINAL PLAT OF KOELLNS SUBDIVISION WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) SUBMITTED BY GERALD KOELLN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to refer to the County with no objection was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF SETTING CITY'S LEVY PUBLIC HEARING Following discussion, the motion to set meetings for a public hearing December 6, 1993 at 5:00 P.M. and December 14, 1993 at 8:00 P.M. was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (o) CONSIDERATION OF REQUEST FROM HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE TELERADIOLOGY Following discussion, the motion to approve the purchase of a teleradiology unit at a cost of $32,800.00 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (p) CONSIDERATION OF BURNS MANOR REMODELING PROJECT Hospital Administrator Philip Graves reported the Burns Manor project had a cost overrun due to mechanical errors in the first set of plans. The board requested approval to proceed with the approximate $122,000.00 project. Following discussion, the motion to approve the remodel- ing project was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF REQUEST FROM HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE COMPUTERS Following discussion, the motion to approve the purchase of 10 personal computers was made by Councilman Mlinar, VA 4 CITY COUNCIL MINUTES - AUGUST 24, 1993 seconded by Councilman Torgerson and unanimously carried. (r) CONSIDERATION OF REQUEST FROM CLINT GRUETT FOR "LIMITED PARKING" SIGNAGE Following discussion, the motion to refer the request to the Police Department was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (s) CONSIDERATION OF ADOPTING 1988 MINNESOTA STATE FIRE CODES Following discussion, the motion to approve the ordinance change and update to the previous fire code was made by Councilman Mlinar and seconded by Councilman Erickson. Upon roll call vote, Councilmen Mlinar and Erickson voted aye and Councilman Torgerson and Mayor Ackland voted nay. The motion failed. The motion to refer to the City Attorney for review was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM TOM CARRIGAN Tom Carrigan stated the City removed a tree from his property and promised to replace it. To date this has not been done. He also commented the City had not paid its half of the $150 rental cost for a bobcat to land- scape his lawn and build the retaining wall. Attorney Anderson noted Mr. Carrigan had not signed the agreement or accepted prior offers so all prior offers are revoked. The wall is an encroachment upon City right-of-way and must be removed as well as his yard properly sloped. The City Attorney stated it was Mr. Carrigan's responsibility to pay the bobcat rental cost. Engineer Rodeberg noted the City would replace the dead tree as promised. A consensus was reached that the City Engineer, the City Attorney, Councilman Mlinar, Mr. Carrigan and his attorney would meet to review the retaining wall issue and arrive at a solution. CITY COUNCIL MINUTES - AUGUST 24, 1993 (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on additional items to be included in the Crow River Arts lease. He stated the exterior painting of the building was being done, and the carpet would be cleaned. Director Mary Ann Kasich was also requesting that six months rent be deferred until February 1, 1994 ($2,500.02). Following discussion, the motion to accept the amendments to the lease agreement was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. The City Administrator reported the conference call with the Municipal Board went smoothly regarding the southwest area annexation. Official notification was received that the annexation is now final. Mr. Plotz stated two individuals had filed for the open Council positions. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the HCVN minutes. He then suggested the Council adopt a Resolution to send to the Fair Board commending them on the excellent facilities at the new fairgrounds. The motion to waive reading and adopt Resolution No. 10046 was made by Councilman Mlinar, seconded by Council- man Torgerson and unanimously carried. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg recommended rejecting the bid received for Letting No. 4, South Grade Road project. He stated the bid exceeded the engineer's estimated cost. The motion to reject the bid for Letting No. 4 from Hanson & Vacek Construction in the amount of $87,328.75 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. The City Engineer recommended awarding the bid received for Letting No. 9. The motion to award the bid to Juul Contracting Co. in the amount of $147,055.10 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. E CITY COUNCIL MINUTES - AUGUST 24, 1993 (e) COMMUNICATIONS FROM FINANCE DIRECTOR Finance Director Kenneth B. Merrill requested a special City Council meeting for a 1994 City budget workshop. The motion to set a special Council meeting for September 8, 1993 at 4:00 P.M. was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 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 Torger- son, seconded by Councilman Erickson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:50 P.M. 10