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06-08-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 8, 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, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Robert Gamble. 3. MINUTES The minutes of the bid opening of May 28, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1993 2. AIRPORT COMMISSION MINUTES OF MAY 24, 1993 The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 285, LETTING NO. 2, PROJECT NO. 93-02 Mayor Ackland called the herring to order at 8:00 P.M. and read the notice of hearing, Publication No. 4526. Engineer Rodeber,•g presented a r: ort on the project. He noted the two properties owned Dy School District #423 would be assessed, and Vineyard Methodist Church would be assessed for sanitary sewer ani service on School Road. The Clouse Addition would be ass6-ssed according to the subdivision agreement. Loretta McDonald's property assessments would be deferred indefinitely since it was not buildable. The City Engineer stated there were no bonded funds for this project. The City's share was expected to be paid from County turnback for CSAH 7 (Dale Street and Second Avenue) and from State Aid F>>nds. 4 # CITY COUNCIL MINUTES - JUNE 8, 1993 Dean Braulick, 1400 McDonald Drive, asked if the dollar amount would be repeated. He commented on a meeting held four months ago when he inquired about assessments and was told there would be none. Now his notice stated there would be assessments. Mr. Braulick stated he did not feel it was right to state there was no cost and then later be told there was. City Attorney Anderson explained the procedure for assessment hearings. No decision is made at the first hearing, except to proceed to the next step which is an assessment hearing. This hearing being held fixes the obligations for the project. Councilman Erickson moved to close the hearing at 8:15 P.M. Motion seconded by Councilman Mlinar and unanimously carried. The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to adopt assessment roll No. 285, tc award the contract to Wm. Mueller & Sons, Inc. in the amount of $382,803.30, and to waive readings and adopt Resolutions No. 9967 and No. 9968. (b) ASSESSMENT ROLL NO. 284, LETTING NO. 5, PROJECTS NO. 93-06, 93-07, & 93-08 Mayor Ackland called the hearing to order at 8:25 P.M. and read Publication No. 4525. PROJECTS NO. 93-06 & 93-07 Engineer Rodeberg reported on the areas included in the project. He noted it would involve some commercial and some residential streets. There will be no truck routes between Fourth and Fifth Avenue, and the entrance into the old fairgrounds will be closed to vehicles. Erie and Huron Street will have a cul-de-sac on the end. Charlene Anderberg, X05 Hum, -).z Street, stated her objection was that the projecr would not continue down the block past her house. Since her property is a corner lot, she will pay assessments but not receive benefits. The City Engineer commented the road will cross the railroad at some future time. Since the City was not certain of the alignment and road location, it did not want to tear out the road in a short period of time. 2 CITY COUNCIL MINUTES - JUNE 8, 1993 PROJECT NO. 93-08 Warren Kaufmann, 701 Fourth Avenue SW, asked for an approximate time when the project would be started on his street. Councilman Erickson moved to close the hearing at 8:40 P.M. Motion seconded by Councilman Mlinar and unani- mously carried. Mayor Ackland read the letter received from Dakota Rail, Inc. objecting to the assessment projects. The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve and adopt assessment roll No. 284, to award contract to Wm. Mueller & Sons, Inc. in the amount of $723,673.98, and to waive readings and adopt Resolutions No. 9969 and No. 9970. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON AREA CHAMBER OF COMMERCE TO HOLD 19TH ANNUAL ARTS & CRAFTS FESTIVAL IN LIBRARY SQUARE PARK ON SEPTEMBER 17 & 18, CLOSE OFF STREETS AND MUNICIPAL PARKING LOTS, AND RESERVE ALL CONCESSION RIGHTS IN DOWNTOWN AREA Following discussion, Councilman Mlinar moved to approve request. Motion seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF REQUEST FOR LIGHT FIXTURE ON LIGHT POLE LOCATED ON HWY. 7 WEST BY HUTCH BOWL Following discussion, the motion was made by Councilman Don Erickson, seconded by Councilman Torgerson and unani- mously carried, to refer to the Utilities. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-82 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 3.20, SUBD. 2 OF THE HUTCHINSON CITY CODE AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 2 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive 3 CITY COUNCIL MINUTES - JUNE 8, 1993 second reading and adopt. (b) ORDINANCE NO. 93-83 - VACATION OF STREET AND ALL EASEMENTS (COOPERATIVE DEVELOPMENT) The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive second reading and adopt. (c) ORDINANCE NO. 93-84 - REZONING FROM R-3 TO R-4 (COOPERATIVE DEVELOPMENT) The motion was made by Councilman Erickson, seconded byl Councilman Torgerson and unanimously carried, to waive second reading and adopt. (d) ORDINANCE NO. 93-85 - REZONING FROM R-3 TO PDD (MORNINGSIDE LAND CO.) The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive second reading and adopt. (e) ORDINANCE NO. 93-86 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY AND ADOPTING, BY' REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (HUTCHINSON TECHNOLOGY, INC.) The motion was made by Councilman Torgerson, seconded by Councilman John Mlinar and unanimously carried, to waive' second reading and adopt. (f) RESOLUTION NO. 9960 - RESOLUTION ADOPTING SPECIAL LEGISLATION AS REQUIRED BY MN STAT. 645.021, SUBD. 2 The motion was made by Councilman Mlinar, seconded by Councilman Erickson ar.d unanimcusly carried, to waive reading and adopt. (g) RESOLUTION NO. 9961 - RESOLUTION FOR PURCHASE The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive reading and adopt. 4 CITY COUNCIL MINUTES - JUNE 8, 1993 (h) 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, CONTAIN PENALTY PROVISION The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive first reading and set second reading for June 22, 1993 (i) RESOLUTION NO. 9962 - RESOLUTION TO RELEASE PLEDGED' SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (j) RESOLUTION NO. 9963 - RESOLUTION TO RELEASE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (k) RESOLUTION NO. 9964 - RESOLUTION TO SUBSTITUTE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST BY CROW RIVER ARTS FOR FUNDING IN 1993-94 CITY BUDGET (DEFERRED MAY 25, 1993) Following discussion, Councilman Mlinar moved to defer to next Council meeting. Motion seconded by Councilman Torgerson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF AWARDING BID FOR 1993 PUBLIC UTILITIES REVENUE BONDS 5 CITY COUNCIL MINUTES - JUNE 8, 1993 Jeanne Vanda, bond consultant from Ehlers & Associates, reported on the bid opening this afternoon. She stated Piper Jaffray Inc. was first in bid ranking at 5.11 net interest rate and $5,705,868.06 net interest cost. Following discussion, Councilman Mlinar moved to approve awarding the sale of $14, 075, 0100 Public Utilities Revenue Bonds, Series 1993, to Piper Jaffray Inc.and to waive reading and adopt Resolution Nc. 9971. Motion seconded by Councilman and unanimously carried. (b) CONSIDERATION OF STAFFING AT POLICE DEPARTMENT No action was needed. (c) CONSIDERATION OF $35,000 INTEREST PAYMENT FOR JUNKER LITIGATION SETTLEMENT Attorney Anderson reported the insurance carrier has agreed to pay one half of the amount in question, and the City's share, also one half, will be approximately' $35,000. Following discussion. Councilman Erickson moved to' approve the $35,000 payment. Motion seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF CHANGES IN POLICE DEPARTMENT MANUAL Following discussion, the motion was made by Councilman', Mlinar, seconded by Councilman Torgerson and unanimouslyP carried, to approve the policy changes. (e) CONSIDERATION OF EMINENT DOMAIN PROCEEDINGS FOR RIGHT -OF-' WAY ON TEXAS AVENUE INCLUDING RETENTION OF AN APPRAISERi The City Attorney recommended adopting a Resolution authorizing eminent domain proceedings to extend the right-of-way on. Texas Avenue and retention of an appraiser to determine the value of said property. Following discussion, Councilman Erickson moved to approve the City Attorney's recommendation and to waive reading and adopt Resolution No. 9972. Motion seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF LEASE REGARDING POPCORN WAGON OWNED BY MAINSTREET ASSOCIATION 6 CITY COUNCIL MINUTES - JUNE 8, 1993 Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and, unanimously carried, to approve the lease. (g) CONSIDERATION OF RESOLUTION OPPOSING UNWARRANTED' PROTECTION OF RURAL ELECTRIC SERVICE TERRITORIES Following discussion, Councilman Mlinar moved to approve and to waive reading and adopt Resolution No. 9973. Motion seconded by Councilman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 286 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 6, PROJECT NO. 93-09, 93-11, 93-12, 93-13 Following discussion, Councilman Mlinar moved to approve the roll preparation, to hold hearing on June 22, 1993, and to waive readings and adopt Resolutions No. 9965 and No. 9966. Motion seconded by Councilman Erickson and unanimously carried. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the School Board at its meeting this morning unanimously approved the Joint Powers Agreement with the City of Hutchinson to establish and operate a jointly sponsored parks, recreation, and community education program. Mr. Plotz noted a handout to the Council of notes from a meeting with liquor store vendors. The City Administrator commented on the Duane Buske situation regarding refuse pick up. The City billing policy was discussed. Atzorney Anderson recommended sending Mr. Buske a letter requesting him to pick up his refuse container from City Hall where he dropped it off. Administrator Plotz stated Aagard West was contacted regarding advertising the pick up schedule over a holiday at their expense. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported he had received a petition with eight signatures. The petitioners requested the 7 CITY COUNCIL MINUTES - JUNE 8, 1993 MN/DOT truck station, Tek Mechanical and All Seasons properties be rezoned from C-4 to R-2. The City Engineer commented about residents leaving their refuse containers on the curb several days after pick up. He expressed concern about the appearance. (d) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar wondered if the City should provide something for the youth now that the Dry Dock is closed. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS I The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 P.M.