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06-22-1993 CCMI. MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 22, 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: Finance Director Kenneth B. Merrill, City Engineer John Rodeberg, and City "ttorney G. Barry Anderson. 2. INVOCATION The invocation was given by ..h Reverend Robert Brauer. 3. MINUTES The minutes of the regular meetings of May 25, 1993 and June 8, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1993 2. LIBRARY BOARD MINUTES OF MAY 17, 1993 3. PLANNING COMMISSION MINUTES OF MAY 18, 1993 4. HUTCHINSON HOUSING e_ REDEVELOPMENT AUTHORITY MINUTES OF MAY 18, 1993 AND JUNE 15, 1993 5. HUTCHINSON HOUSING, INC. MINUTES OF MAY 18, 1993 AND JUNE 15, 1993 6. HOSPITAL/NURSING HOME BOARD MINUTES OF MAY 18, 1993 (b) REPORT OF CITY INVESTMENTS (c) APPOINTMENT OF KEVIN (''OM -`T* TO POLICE CIVIL SERVICE COMMISSION The motion was made �-)y C(- -2ilmar_ Torgerson, seconded by Councilman Mlinai E.iicl i—_�.a-im`-usly carried, to order report and minutes flied a: --:.tify appointment. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 286, LETTING NO. 6, PROJECT NO. 93-09, 93-11, 93-12, 93-13 0 v CITY COUNCIL MINUTES - JUNE 22, 19'_43 Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of hearing on Letting No. 6. No one was present to be heard regarding Assessment Roll No. 286. Following discussion, rounc_lman Erickson moved to close the hearing at 8:08 P.M. Motion seconded by Councilman Torgerson and unanimousl3 cF -ied. Councilman Torgerson movc-_1 to approve and adopt Assessment Roll No. 286, to award contract to Bauerly Bros., Inc. in the amcunt of $144,211.61, and to waive readings and adopt Resclu�ions No. 9978 and No. 9979. Motion seconded by Councilman Erickson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF COMPREHENSIVE SANITARY SEWER PLAN FOR SOUTH AND SOUTHWEST AREAS BY RUST ENGINEERING Gene Anderson from Rust Engineering presented a report on the comprehensive sanitary sews -,r plan, including options, costs, and pipe sizes, for future expansion in the south and southwest areas of the c1ty. No action was required on the report. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-87 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10.01, SUBD. 6 BY ADDING PARAGRAPH C PROHIBITING DISPOSAL OF REFUSE WITHOUT THE EXPRESS PERMISSION OF THE OWNER OR PERSON IN CHARGE OF THE REFUSE CONTAINER, ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, C ONTAIT' PEN?LTY PROVISION The motion was made by Coun(, l<<ian Mlinar, seconded by Councilman Erickson anC-1 unanimously carried, to waive second reading and F .?op7--. (b) RESOLUTION NO. 9975 - LZESOLLTTIC\, AUTHORIZING APPLICATION BY CITY OF HUTCHINSON FOR SERVE AMERICA NATIONAL AND COMMUNITY SERVICE ACT FUNDS The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive G `4 CITY COUNCIL MINUTES - JUNE 22, 19y3 reading and adopt. (c) RESOLUTION NO. 9976 - RESOLUTION FOR PURCHASE The motion was made by Councilman Lenz, seconded by Councilman Mlinar and unar.;s,c,usly carried, to waive reading and adopt. (d) RESOLUTION NO. 9977 - REc 'ILU-: L ON DESIGNATING LOCATIONS OF TRAFFIC CONTROL DEVICES The motion was made by Councilman Mlinar, seconded by Councilman Torgerson an,-' a animously carried, to defer. (e) RESOLUTION NO. 9986 - RESOLUTION FOR CONTINUATION OF CITY OF HUTCHINSON DISPATCH FUNDING The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9987 - r SCT,UTION TO SUBSTITUTE PLEDGED SECURITIES TO FTKST STA .OT' F"T)ERAL SAVINGS & LOAN The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) ITEM WITHDRAWN FROM AGENDA (b) CONSIDERATION OF PETROFUND REIMBURSEMENT FOR SHOPKO PHASE I TO OMAR COLLIS Following discussion, Councilman Mlinar moved to defer upon the recommendation of the City Attorney. Motion seconded by Councilman_ Len% and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by C-an,il,t?an Erickson, seconded by Councilman Torgerson and unanimously carried, to authorize discontinuation of service on June 28, 1993 at noon unless other arrangements were made. 3 CITY COUNCIL MINUTES - JUNE 22, 193 (b) DISCUSSION OF WARNING SIRENS WITHIN MUNICIPALITY Police Chief Steve Madson presented city maps showing present and proposed locations of the warning sirens. He recommended condensing the system from 12 permanent sirens to 4 rotating, battE._y+-operated sirens. Chief Madson requested aut'.oM-izai._o.i to research available federal funding. Following discussion, Councilman Torgerson moved to approve research for federal funding as alternative funding for the warning sirens. Motion seconded by Councilman Erickson and un_nimously carried. (c) CONSIDERATION OF AWARDING BIDS FOR NEW CITY HALL BUILDING Wold Architects reported 10 contractors submitted bids for the City Hall project. Breitbach Construction Co. was the low bidder at a base bid of $1,007,700.00. Discussion followed regarding nine options which totaled approximately $69,000.00 arr_ifinding of the project. It was reported the Cii.f had $1,321,185.00 funding available. A letter fr`m 2. orn-:y Jerome P. Gilligan of the Dorsey & Whitney law firm addressed his legal opinion regarding the City use of excess funds in the debt service fund for fully pais: general obligation bonds for any general purpose. The motion was made by Councilman Torgerson to accept the low bid of Breitbach, including alternates 1-9. Motion seconded by Councilman Erickson and unanimously carried. Engineer Rodeberg stated six bids were received for the removal of floor tile and asbestos in the new City Hall building. Skitch Enterprises, Inc. (Pro -Dec) was the low bidder at a cost of $26,660.00.- The 26,660.00.The motion was made by ;.:ouncilman Torgerson to approve and award the contract to Skitch Enterprises for $26,660.00 and to waive reading and adopt Resolution No. 9997. Motion secondedd by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF AWARDI1,,i1� BIDS FOR NEW CITY HALL FURNITURE Following discussion of furniture, Councilman Mlinar moved to approve the base furnishings budget of w CITY COUNCIL MINUTES - JUNE 22, 1993 $133,146.52 and the additional items for $18,572.47. Motion seconded by Councilman Torgerson and unanimously carried. (e) CONSIDERATION OF ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND REPORT, RECEIVING REPORT AND WAIVING HEARING, FOR IMPROVEMENT PROJECT NO. 93-18 (TH 7E SANITARY SEWER) Engineer Rodeberg noted the City received a signed petition and waiver of hearing for project No. 93-18 from property owner Muriel Felska. Following discussion, Councilman Erickson moved to approve and accept the engineer's report and the petition to waive hearing, to waive readings and adopt Resolutions No. 9980-9982, contingent upon receiving a signed waiver from Robert and Karen Peterson. Motion seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND REPORT, RECEIVING REPORT AND WAIVING HEARING FOR IMPROVEMENT PROJECT NO. 93-19 (SIDEWALK) Following discussion, Councilman Mlinar moved to approve and accept the engineer's report, to waive hearing for project No. 93-19, and to waive readings and adopt Resolutions No. 9983-9985. Motion seconded by Councilman Lenz and unanimously carried. (g) DISCUSSION OF FILLING EMPLOYEE VACANCY AT LIQUOR STORE Following discussion, Councilman Torgerson moved to table. Motion seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF NEW LAW CONCERNING EARLY RETIREMENT INCENTIVE BILL It was noted the 1993 Minnesota Legislature passed an early retirement incentive bill that permits public employers to offer improved retirement benefits to employees from May 17, 1993 through January 31, 1994. Since there was a question on the wordage regarding replacement of an employee who retires, it was the consensus of the Council to obtain language clarification before any action was taken. 5 CITY COUNCIL MINUTES - JUNE 22, 1-c•93 Councilman Lenz moved to defer. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF EXTERIOR COLOR FOR SOUTH PARK WATER TOWER Director Randy DeVrieF:.3 re(yuasted Council input on the exterior color of the na-w v: '-?r tower in South Park. It was the Council's recom..,.�!nd, ion to paint it either off- white or beige. (j) DISCUSSION OF 1994 LEISLATIVE ACTION REGARDING STATE EMPLOYEE SALARIES It was reported there was no wage freeze on city employees' salaries. No action was required. (k) CONSIDERATION OF PROPERTY/LIABT_LITY RENEWAL POLICIES FOR CITY OF HUTCHINSON Dennis Potter, insurance agent fz.r Insurance Planners and Mark Flaten, risk manager Eer American Risk Services, presented the City's 1993 %4 property and casualty insurance program, effec:tiv;. July 1, 1993. Following discussion, Counc-=lman Mlinar moved to approve the renewal policies. M,,tion seconded by Councilman Erickson and unanimously carried. (1) CONSIDERATION OF AMENDMENT TO DOWNTOWN LIFE SAFETY PROGRAM Connie Mangan, Housing and Community Development Coordinator, requested an amendment to the downtown life safety program. She reported two buildings were accepted into the program, as well as 12 doors by the Fire Marshal, for an increased cost of $37,812.30. Following discussion, Coun_-ilman Torgerson moved to approve the amendment. Moron seconded by Councilman Lenz and unanimously carried. (m) CONSIDERATION OF DOWNTOWN CCMMERCIAL REHABILITATION LOAN PROGRAM Connie Mangan, HCDC Coordinator, reported the HCDC Board recommended chat ging the leaq terms to 60-. interest on a 15 year term or 401 interest on a 10 year term at the option of the building owi:er, as well as an addition to 0 CITY COUNCIL MINUTES - JUNE 22, 1993 Section IV.B of the Guidelines. Following discussion, Com., �icilman Lenz moved to approve the amendment and set tht- interest rate at 40-. for 15 years and 2% for 10 yep- a . fv,. ,tion seconded by Councilman Torgerson and unanimc-,.sly c,i 'r:,.ed. (n) CONSIDERATION OF LEASE AGREEMENT BETWEEN CROW RIVER ARTS, INC. AND CITY OF HUTCHINSON Following discussion, Councilman Erickson moved to approve entering into a lease agreement with Crow River Arts, Inc. for the period cf September 1, 1993 through December 31, 1994 for �E,000.00 rental cost. Motion seconded by Councilman M14 nar and unanimously carried. (o) CONSIDERATION OF LEASE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR MOTORCYCLE SKILLS TEST EXAMINING AREA Following discussion, Coun:!ilman Torgerson moved to approve and enter into lease agreement and to waive reading and adopt Resol.- io_. No. 9988. Motion seconded by Councilman Lenz and unan_:nously carried. (p) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STEVE WADSWORTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve, including all stipulations and regulations of City staff, Fire Marshal, City Attorney and DNR, and to waive reading and adopt Resolution No. 9989. Motion seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF CONDITIONF, USE PERMIT REQUESTED BY MARY -ANNE OLMSTED-KOHLS FOR MUSIC STUDIO WITH FAVORABLE RECOMMENDATION OF PLANTNItTC C7MMISSION Following discussion, Councilman Torgerson moved to approve, including all stipulations and regulations of City staff, Fire Marshal, City Attorney and DNR, and to waive reading and ac:upt Resolution No. 9990. Motion seconded by Councilman M__nar and unanimously carried. (r) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY GARY REETZ TO REMOVE EXISTING GARAGE AND CONSTRUCT NEW GARAGE WITH FAVORABLE RECOMMENID.TiON OF PLANNING COMMISSION CITY COUNCIL MINUTES - JUNE 22, 1993 Following discussion, CC.LLICilman Torgerson moved to approve, including all stipulations and regulations of City staff, Fire- Marshal,, City Attorney and DNR, and to waive reading and adcot Reso' -it: on No. 9991. Motion seconded by Councilma,.. Mi.l,:_ and unanimously carried. (s) CONSIDERATION OF FRELI _I' j. T' ; 1LP-T OF WALNUT RIDGE ESTATES SUBMITTED BY BSK Jia F :-CuINSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussijn, ,'oi_.icilman Torgerson moved to approve, including all ct_pulations and regulations of City staff, Fire Marsha., C_' ---y Attorney and DNR, and to waive reading and adopt- R:solution No. 9992. Motion seconded by Councilman Mlinar and unanimously carried. (t) CONSIDERATION OF REZONIT:s IN `AALNUT RIDGE ESTATES PLAT FROM R-2 TO R-4 SUBMITTED BY BSK OF HUTCHINSON WITH FAVORABLE RECOMMENDATIO�i OF PLI`NNING COMMISSION Following discussion, Co�-:nc-1ni-.:n Lenz moved to approve the rezoning and to waives first reading of Ordinance No. 93-88 and set second rea-ain,- for July 13, 1993. Motion seconded by Councilman Mli.nar and unanimously carried. (u) CONSIDERATION OF REEZONING FROM R-3 TO I/C BLOCK 21 SOUTH HALF CITY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve the rezoning and to waive first reading of Ordinance No. 93-89 and set second reading for July 13, 1993. Motion seconded by Councilman Lenz and unanimously carried. (v) CONSIDERATION OF CONDITIOr-1,L USE PERMIT TO CONSTRUCT WAREHOUSE IN PROPOSED !/C DISTRICT REQUESTED BY LOUIS BRUNNER WITH FAVORABLE F.—'OMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve the permit and to waive reading and adopt Resolution No. 9993. M:t_.-)r_ seconded by Councilman Torgerson and unanimously carried. (w) CONSIDERATION OF CONDITION.-.... USE PERMIT REQUESTED BY RYAN BONNIWELL TO MOVE 1976 MJ 1jE HOME ONTO LOT IN COUNTRY CLUB TERRACE WITH FAVORLBLE RECOMMENDATION OF PLANNING COMMISSION CITY COUNCIL MINUTES - JUNE 22, 1993 Following discussion, Councilman Lenz moved to approve the permit with staff -,,_,ommendations and to waive reading and adopt Resoli'.L` QV T'J. 9995. Motion seconded by Councilman Mlin-ir ani ui,-ani,nously carried. (x) CONSIDERATION OF PLAT OF MAC'S SECOND SUBDIVISION IN TWO-MILE -,SAL) JS k ,COMA TOWNSHIP) SUBMITTED BY ROXANNE KOKESH WITH RECOMMENDATION OF PLANNING COMMISSION Following discussion., Councilman Torgerson moved to refer to the County with no c-jection. Motion seconded by Councilman Mlinar and u•ar;_mously carried. (y) CONSIDERATION OF PRELIMINARY PLAT OF BERNHAGEN'S SUBDIVISION IN TWO-MILE RADIUS (HUTCHINSON TOWNSHIP) SUBMITTED BY JOHN BERNHAGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, C: 'L,.nc_lman 'T^rgerson moved to refer to the County with no objF.;tiun. Motion seconded by Councilman Mlinar and un_: n;_:,icusly carried. (z) CONSIDERATION OF SKFTCH PLAN: IN TWO-MILE RADIUS (HUTCHINSON TOWNSHIP) SUBMITTED BY JIM HEIKES WITH NO RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to refer to the County with no ob;�ction. Motion seconded by Councilman Mlinar and u_naniinoasly carried. (aa) CONSIDERATION OF CONDIT=_2\1AL USE PERMIT IN TWO-MILE RADIUS SUBMITTED BY NG.-THEERN NATURAL GAS LINE WITH FAVORABLE RECOMMENDATIC-"i CF PLANNING COMMISSION Following discussion, Counca'_man Torgerson moved to refer to the County with no objection. Motion seconded by Councilman Mlinar and una.iii. ,usly carried. (bb) CONSIDERATION OF VARIANCE FOR JUDSON COURT IN TWO-MILE RADIUS (ACOMA TOWNENIP) SUB-1ITTED BY STEVE FANGMEIER WITH FAVORABLE RECOMMENDATION rOi PLANNING COMMISSION Following discussion, Torgerson moved to refer to the County with no (i,A.�jcction. Motion seconded by Councilman Mlinar and. ur.ar_'. -,,::ply carried. 9 CITY COUNCIL MINUTES - JUNE 22, 1993 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY _ 2lui?11EY Attorney Anderson prese_ite? a R-�solution to vacate a portion of First Aveiiue � E. Lor the liquor store condominium. The motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried, to waive reading and adopt Resolution No. 9994. (b) COMMUNICATIONS FROM FIN_=_TCF DIRECTOR Director Kenneth Merrill_ re;;Drted Jean Ward would like to present the Maxfield Housing Study to the City Council at a special meeting. Following discussion, Councilman Erickson moved to hold a special meeting with the Ham'-. at 5:00 P.M. on July 13, 1993. Motion seconded by ---b rlc=_lman Lenz and unanimously carried. Director Merrill comment =d c._ the 1993 improvement bonds and water tower funding. Councilman Mlinar moved to authorize contacting bond consultant Ehlers & Associates for the bond issue. Motion seconded by Councilman Torgerson and unanimously carried. (c) COMMUNICATIONS FROM COTTDZCIT.j,L1,N MARLIN TORGERSON Councilman Torgerson inquired about Mr. Buske's refuse container problem. He also asked if the pigeon droppings at the hotel stairway had been resolved. Councilman Torgerson quer-r_cned if the deadline had been met for filling in holes or Hwy. 7 West property (All Season). Engineer Rodeberg responded the DNR recommended giving the owner 30 days in which to comply. (d) COMMUNICATIONS Fr -,.OM COTJ^aCILMAN CRAIG LENZ Councilman Lenz inquired about follow up on the curb and dirt in the street. 10 CITY COUNCIL MINUTES - JUNE 22, 1993 (e) COMMUNICATIONS FROM DIRI'010? OF ENGINEERING Engineer RodebeY-g made ie' .pence to the area around the southwest storm sewer. F- aycetited reducing the load on the problem area by TL ),Arg a line up to Jefferson Street. The City Engineer requesz,;.d approval on behalf of Albrecht Oil Co, for N�ca Environmental Services, Inc. to perform soil borings and/or .,_fund water monitoring well installation on City property (fire station). It was noted that if a monitoring well was installed, Albrecht Oil Co. would be responsible for all costs incurred. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unaniw.ously carried, to approve and enter into agreement. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Ccunc_lm n Torgerson, seconded by Councilman Mlinar and uria_ii i-ousl_v carried, to approve the claims and authorize pall-nEant from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:55 P.M. 11