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07-27-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 27, 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, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Max Myers. 3. MINUTES The minutes of the July 13, 1993 meeting were not available. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. REPORT OF CITY INVESTMENTS AND FINANCE REPORT 2. PLANNING COMMISSION MINUTES OF JUNE 15, 1993 3. HHRA AND HUTCH HOUSING INC. MINUTES OF JUNE 15, 1993 (b) APPOINTMENTS 1. TREE BOARD - LAURA POSER 2. UTILITIES COMMISSION - MIKE CARLS - EFFECTIVE SEPTEMBER 1, 1993 Motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order report and minutes filed and ratify appointments. 5. PUBLIC HEARING - None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF FIFTH AVENUE BY LEON JASTER Leon and Mike Jaster expressed concern for dusty conditions on Fifth Avenue SE. Engineer Rodeberg explained that the street will be paved to just beyond Ontario Street as a 1993 project. 0 CITY COUNCIL MINUTES - JULY 27, 1993 (b) REQUEST FOR LIGHTING IN ALLEY BEHIND FIRSTATE FEDERAL The request was referred to Hutchinson Utilities on a motion by Councilman Mlinar, seconded by Councilman Lenz and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10006 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (LETTING NO. 9, PROJECT NO. 93-18) RESOLUTION NO. 10007 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (LETTING NO. 9, PROJUECT NO. 93-19) RESOLUTION NO. 10008 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT (LETTING NO. 9, PROJECT NO. 93-21) RESOLUTION NO. 10009 - RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT (LETTING NO. 9, PROJECT NO. 93-21) RESOLUTION NO. 10010 - RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS (LETTING NO. 9, PROJECT NO. 93-21) RESOLUTION NO. 10011 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (LETTING NO. 9, PROJECT NO. 93-21) The motion was made by Councilman Torgerson, seconded by Councilman Lenz and carried unanimously to waive readings and adopt Resolutions and order advertisement for bids for August 16, 1993 at 2:00 P.M. (b) ORDINANCE NO. 93-90 - AN ORDINANCE INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON The motion was made by Councilman Erickson, seconded by Councilman Mlinar and carried unanimously to waive first reading and set second reading for August,10, 1993. 2 CITY COUNCIL MINUTES - JULY 27, 1993 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR HCVN-TV TO LOCATE IN NEW CITY HALL, AND PARTNERS IN FRIENDSHIP LOCATION (DEFERRED JULY 13, 1993) Mayor Ackland discussed the possibility of Partners in Friendship using the old Motor Vehicle area during daytime hours, and at some cost to Partners in Friendship. Attorney Anderson discussed the need for an agreement with HCVN-TV concerning rent and terms. Drawings/designs should be provided by HCVN-TV by the August 10 council meeting to determine costs and rent. The motion was made by Councilman Erickson, seconded by Councilman Lenz and carried unanimously to defer the matter to August 24, 1993. (b) CONSIDERATION OF ELECTRIC SERVICE CONDEMNATION (DEFERRED JULY 13, 1993) Attorney Anderson stated he will present revised documents for approval at the August 24 council meeting. The matter was deferred to August 24. 9. NEW BUSINESS (a) CONSIDERATION OF AUTHORIZING HCDC BOARD TO ADVERTISE FOR PERMANENT PART TIME EXECUTIVE DIRECTOR Jim Bullard of HCDC commented on the need for a new permanent part time executive director to replace Bob Kenneback effective January, 1994. Total budget, including other staff, would be about $45,000. City Administrator Plotz reported that 109,5 of the proceeds from tax increment funds (approximately $25,000) can be used for administration, thereby reducing the amount needed from the city general fund. It was the consensus of the council that they are in favor of such an arrangement. HCDC was asked to present its proposed budget to the council in mid-August. On a motion by Councilman Torgerson, seconded by Councilman Mlinar and carried unanimously, the HCDC was authorized to begin preparations for advertising for an executive director, contingent on budget approval by the city. 3 CITY COUNCIL MINUTES - JULY 27, 1993 (b) CONSIDERATION OF ACCEPTING RECOMMENDATION FROM HCDC AND HOUSING AUTHORITY TO PURCHASE COMPUTER AND SOFTWARE Connie Mangan reported that she has found software adequate to track HCDC loans, with half of the cost to be paid from the revolving loan fund. The computer equipment would also be used by HRA, which would pay the other half of the cost. The purchase was authorized on a motion by Councilman Mlinar, seconded by Councilman Torgerson and carried unanimously. (c) CONSIDERATION OF AUTHORIZING HOUSING AND REDEVELOPMENT TAX LEVY Representatives of HRA requested a levy of 0.13101 of taxable market value to enable a continuation of the extra work the HRA has been doing in 1993 with a full time director and other staff. Total budget needs are $57,112. Council members spoke favorably of the expanded activities of the HRA but want to consider some other funding method than the tax levy. It was the consensus of the council that they would review method of funding and amount of tax levy at the August 10, 1993 council meeting. (d) CONSIDERATION OF APPLICATION BY MCLEOD COUNTY AGRICULTURAL ASSOCIATION FOR ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE FOR AUGUST 20-24 MCLEOD COUNTY FAIR Motion was made by Councilman Torgerson, seconded by Councilman Lenz and carried unanimously to issue the license. (e) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Discontinuation of service was authorized on a motion by Councilman Torgerson, seconded by Councilman Erickson and carried unanimously. (f) CONSIDERATION OF REISSUANCE OF GAMBLING LICENSE TO VFW POST 906 The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and carried unanimously to reissue the VFW gambling license. H CITY COUNCIL MINUTES - JULY 27, 1993 (g) CONSIDERATION OF ADOPTION OF CITY DRUG TESTING POLICY Personnel Coordinator Hazel Sitz reported there may be different regulations applicable to bus drivers than to other employees and that this should be reviewed by the attorney who drafted the drug policy. The matter was deferred to August 10, 1993. (h) CONSIDERATION OF INCLUDING VOLUNTEER FIREMEN IN THE CITY PERSONNEL POLICY AS IT RELATES TO DRUG TESTING Pending final approval of the drug testing policy, the matter was deferred to August 10. (i) CONSIDERATION OF AUTHORIZING BIDS FOR REPLACEMENT OF WOOD AND BRUSH CHIPPER Staff reported that F.E.M.A. funding may be available to assist with the purchase. Bids were authorized on a motion by Councilman Mlinar, seconded by Councilman Torgerson and carried unanimously. (j) DISCUSSION OF RECREATION CENTER ROOF REPAIR Parks & Recreation Director Dolf Moon reported that the contractors want satisfactory conclusion of the matter and will be meeting with staff to arrange repair. (k) PRESENTATION OF 1992 AUDIT REPORT The representative of Charles Bailly & Co. presented the report and management letter which gave a favorable evaluation of the city's financial records. (1) CONSIDERATION OF BIDS ON IMPROVEMENT BONDS Steve Apfelbacher, President of Ehlers & Associates, presented the bond documents for general obligation improvement bonds of $1,770,000 (10 years) and general obligation water revenue bonds of $580,000 (15 years). On a motion by Councilman Torgerson, seconded by Councilman Mlinar and carried unanimously, Resolutions No. 10027 and 10028 providing for the sale of the bonds were adopted. 5 CITY COUNCIL MINUTES - JULY 27, 1993 (m) CONSIDERATION OF RESOLUTION TO PURCHASE Motion was made by Councilman Erickson, seconded by Councilman Lenz and carried unanimously to approve, waive reading and adopt Resolution No. 10015. (n) DISCUSSION OF BUILDING DEPARTMENT CONTACTING INDIVIDUALS WITH SEPTIC TANKS TO HOOK UP TO CITY SYSTEM Building Official Jim Marka reviewed the status of properties within the city that have private septic systems. He requested direction from the council on enforcement of codes requiring hookup to city systems by May 1, 1994. Consensus of the council was that hookups should be ordered to meet code by May 1, 1994 where no hardship exists. Individual situations should be reviewed. (o) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR PARKSIDE FIRST ADDITION (HASSE HILLS) The subdivision agreement was approved on a motion by Councilman Mlinar, seconded by Councilman Torgerson and carried unanimously. (p) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1 AND FINAL PAYMENT FOR CITY CENTER (MORE 4) ASBESTOS ABATEMENT (LETTING NO. 8, PROJECT NO. 93-20) Engineer Rodeberg explained a change order was needed due to a variance in cost of the project. The agreement was approved on a motion by Councilman Erickson, seconded by Councilman Mlinar and carried unanimously. (q) CONSIDERATION OF APPROVING ORDERLY ANNEXATION AGREEMENT (LYNN TOWNSHIP) The agreement was approved on a motion by Councilman Torgerson, seconded by Councilman Mlinar and carried unanimously to waive reading and adopt Resolution No. 10025. It will be referred to the Lynn Town Board and thereafter to the Minnesota Municipal Board. (r) DISCUSSION OF F.E.M.A. DISASTER ASSISTANCE Engineer Rodeberg informed the council that he is presently completing the paperwork for the disaster assistance for spring flooding. C.1 CITY COUNCIL MINUTES - JULY 27, 1993 (s) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT APARTMENT DWELLING IN WALNUT RIDGE ESTATES REQUESTED BY RALPH SCHMITZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10016 was made by Councilman Mlinar, seconded by Councilman Torgerson and carried unanimously. (t) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARK SCHILLING TO MOVE GARAGE ONTO PROPERTY LOCATED AT 142 - 3RD AVE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10017 was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously. (u) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JUNACE GEHRKE TO MOVE GARAGE ONTO PROPERTY LOCATED AT 625 HARMONY LANE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10018 was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously. (v) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO MACHINE SHOP LOCATED AT 106 ERIE REQUESTED BY ROBERT MALONE, 3-D CNC, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10019 was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously. (w) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY FAIR ASSOCIATION TO MOVE BUILDING ONTO FAIRGROUNDS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10020 was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously. 7 CITY COUNCIL MINUTES - JULY 27, 1993 (x) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, TO MOVE STORAGE BUILDING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10021 was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously. (y) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE 1974 MARSHFIELD MOBILE HOME ONTO LOT IN MCDONALD'S LAKEVIEW TERRACE OR COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10022 was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously. (z) CONSIDERATION OF FINAL PLAT OF "WALNUT RIDGE ESTATES" SUBMITTED BY RALPH SCHMITZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve and waive reading and adopt Resolution No. 10023, contingent upon a change to one plat for all residences, was made by Councilman Lenz, seconded by Councilman Torgerson and carried unanimously. (aa) CONSIDERATION OF PRELIMINARY PLAT OF "KOELLN'S SUBDIVISION" SUBMITTED BY GERALD KOELLN, HUTCHINSON TWP., 2 MILE RADIUS, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously to refer to the County with no objection. (bb) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MCPHERSON'S SUBDIVISION SUBMITTED BY JOSEPH MCPHERSON, HASSAN VALLEY TWP., 2 MILE RADIUS, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously to refer to the County with no objection. 0 CITY COUNCIL MINUTES - JULY 27, 1993 (cc) CONSIDERATION OF FINAL PLAT OF "BERNHAGEN'S SUBDIVISION" SUBMITTED BY JOHN BERNHAGEN, HUTCHINSON TWP., 2 MILE RADIUS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously to refer to the County with no objection. (dd) CONSIDERATION OF VARIANCE REQUESTED BY LEONARD RUTLEDGE, HASSAN VALLEY TWP., 2 MILE RADIUS TO REDUCE REAR AND SIDE YARD SETBACK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and carried unanimously to refer to the County with no objection. (ee) CONSIDERATION OF REINSTATEMENT OF ASSESSMENTS AGAINST TAX FORFEITED PROPERTIES Assessments were reinstated on a motion by Councilman Lenz, seconded by Councilman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR (1) Administrator Plotz explained a Resolution supporting a 2 -position enhanced 911 system needed by the City of Hutchinson when McLeod County takes bids on the E-911 system. Resolution No. 10026 Supporting the 2 -position 911 System was adopted on a motion by Councilman Torgerson, seconded by Councilman Mlinar and carried unanimously. (2) Administrator Plotz explained that an additional funded position for a permanent employee needs to be authorized for the police dispatch area. The position was authorized on a motion by Councilman Torgerson, seconded by Councilman Lenz and carried unanimously. (3) Administrator Plotz reported a meeting with the library board and Pioneerland Library System. At this time it seems financially advantageous for the City of Hutchinson to remain with Pioneerland Library System. E CITY COUNCIL MINUTES - JULY 27, 1993 (4) Administrator Plotz reported that Jay Freedland is discussing trade of property with Goebel's and Farmer's Elevator for possible relocation of Hutch Iron and Metal. (b) COMMUNICATION FROM COUNCILMAN MLINAR Councilman Mlinar inquired about the status of water problems in town and was informed Engineer Rodeberg is working on them. (c) COMMUNICATION FROM COUNCILMAN TORGERSON Councilman Torgerson discussed the McKimm property status with regard to annexation. Engineer Rodeberg reported the matter is on the agenda at Hassan Valley Township's next meeting, with utilities questions being worked on. (d) COMMUNICATIONS FROM CITY ATTORNEY ANDERSON Attorney Anderson report that Ellie Mills - Dakota Rail has accepted the city council proposal for special assessments in Block 39. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Payment was authorized from appropriate funds on a motion by Councilman Mlinar, seconded by Councilman Torgerson and carried unanimously. 12. ADJOURNMENT There being no further business, the meeting was adjourned at 10:30 p.m. 10