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02-09-1993 CCMA MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 9, 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, Marlin Torgerson, and Don Erickson. Also present: Finance Director Kenneth B. Merrill, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. Absent: Councilman John Mlinar and City Administrator Gary D. Plotz. 2. INVOCATION The invocation was given by the Reverend Jim Hall. 3. MINUTES The minutes of the regular meeting and special closed meeting of January 26, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1993 2. TREE BOARD MINUTES OF NOVEMBER 18, 1992 3. HOSPITAL/NURSING HOME BOARD MINUTES OF OCTOBER 20, NOVEMBER 17 & DECEMBER 15, 1992 4. AIRPORT COMMISSION MINUTES OF JANUARY 26, 1993 5. PARK & RECREATION BOARD MINUTES OF OCTOBER 28, 1992 AND DECEMBER 16, 1992 (b) RENEWAL OF REFUSE HAULING LICENSES 1. AAGARD WEST. INC.--COMMERCIAL/RESIDENTIAL/RECYCLING 2. JUNKER SANITATION SERVICE, INC. --COMMERCIAL 3. KUBASCH & SONS, INC. --COMMERCIAL 4. MCKIMM MILK TRANSIT, INC. --COMMERCIAL 5. WITTE SANITATION, INC.--COMMERCIAL/RECYCLING (c) APPOINTMENTS 1. SENIOR ADVISORY BOARD: RUBY KRUEGER, LESLIE SMITH �3 1 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 2. TREE BOARD: SCOTT PETERSON The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to order report and minutes filed, to issue licenses, and to ratify appointments. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 2, PROJECT NO. 93-02 (SCHOOL ROAD) Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of hearing for project No. 93-02. Engineer Rodeberg reviewed the project location between McDonald Drive and South Grade Road. The roadway will go from a rural to urban section. A sidewalk is proposed to go past the elementary school. The Engineer reported the assessments would be in the range of $95 - $100 per foot for the improvements. It was noted the City did not plan to assess Loretta McDonald's property since it is unbuildable wetland. Engineer Rodeberg reviewed the payment of assessments over a 10 -year period. Dean Braulick, 1400 McDonald Drive, wondered if the property owners on McDonald Drive or the school would be taxed for the project. The City Engineer responded the assessments would be to the school property, Vineyard Methodist Church, and some personal property. Rev. Robert Gamble, pastor of Vineyard Methodist Church, asked if the church would be assessed for the water line. They already have water coming in from one side. He also inquired if the sanitary sewer would run along South Grade Road. He stated it would save the church many dollars if the church could hook on at South Grade Road. Engineer Rodeberg stated there would be no assessment to the church since the water lines are all around the property. The City was proposing to build the sanitary sewer line up to South Grade Road so he would work with the church on options available. Jeff Bennin, 745 Wagner Street, wondered if there was proposed building in the wetland area. The City Engineer noted the City was storing some 2 c CITY COUNCIL MINUTES - FEBRUARY 9, 1993 material there at present, but it will be removed by next year. The wetland area is not supposed to be filled. The fill is on high ground and is permitted. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to close the hearing at 8:15 P.M. Councilman Torgerson moved to approve and to order the improvement and preparation of plans and specifications, and to waive reading and adopt Resolution No. 9892. Motion seconded by Councilman Erickson and unanimously carried. (b) LETTING NO. 6, PROJECT NO. 93-09 - 93-13 Mayor Ackland called the hearing to order and read the notice of hearing for projects No. 93-09 - 93-13. Project No. 93-09 Engineer Rodeberg stated the project would be for construction of bituminous wear course and appurtenances in the Wagner Development Plats 1 & 2, Stillings-Hoeft Addition, Priebe Addition, and School District Plat. The typical assessments will be $450 - $620 per lot. Kevin Cowles, 1105 Goebel Street, asked if the assess- ments would be based on the original subdivision agree- ment prior to when the School District Plat was prepared. He inquired about the timeframe for the project. The City Engineer responded the City would do wear course paving in the spring. He planned to follow the subdivision agreement as much as possible. Project No. 93-10 Engineer Rodeberg noted the typical assessments for wear course paving in Schmidtbauers Fourth Addition would be $450 - $620. Raymond Otto, 75 10th Avenue NE, requested the project be delayed until fall. The City Engineer noted nothing was legally binding until after the public hearing was held. He noted that this project could be the last scheduled, so it would not affect housing construction. 3 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 Project No. 93-11 Engineer Rodeberg stated the subdivision agreement would determine the assessments on the project for North Oak Ridge and Hellands Third and Seventh. No one was present to be heard regarding the project. Project No. 93-12 Engineer Rodeberg explained the typical assessment for Plaza Heights (blocks 3, 4, 5, & 6) would be $1,200 - $2,500. No one was present to be heard regarding the project. Project No. 93-13 Engineer Rodeberg reported the typical assessment for Mac's Bluff would be $2,600 - $4,500. No one was present to be heard regarding the project. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to close the hearing at 8:27 P.M. Councilman Lenz moved to approve and to order the improvement and preparation of plans and specifications, and to waive reading and adopt Resolution No. 9893. Motion seconded by Councilman Erickson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF YOUTH CENTER SURVEY John Arlt presented the youth center survey which will be distributed through the school to students in grades 6 - 11. The survey results will be available in March. (b) CONSIDERATION OF REQUEST BY KNIGHTS OF COLUMBUS FOR TWO PORTABLE SIGNS TO ADVERTISE ANNUAL FISH FRY Following discussion, Councilman Erickson moved to approve the two portable signs without charge. Motion seconded by Councilman Torgerson and unanimously carried. 4 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 (c) CONSIDERATION OF REDUCING FENCE HEIGHT AT 533 HURON STREET Following discussion, Councilman Torgerson moved to direct the City Attorney to review the situation and report back. Motion seconded by Councilman Lenz and unanimously carried. (d) DISCUSSION BY SHARON DEZIEL OF MULTIPLE SCLEROSIS SOCIETY OPERATING PULL TABS AT HUTCH BOWL Sharon Deziel requested approval to put pull tabs in the Hutch Bowl. The City would receive 10 percent directly from the income of the pull tabs, and the funds could be used for worthwhile projects in the community. The City Attorney stated the City ordinance would have to be amended to allow an outside organization to obtain a local gambling license. Attorney Anderson recommended the City Administrator talk to the other license holders. Then the topic would be discussed again at the March 9, 1993 Council meeting. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to defer to the March 9, 1993 meeting. (e) DISCUSSION OF DOLLAR RAISE IN MIDWEST CABLEVISION FEES Following discussion, Councilman Torgerson moved to reject the one dollar fee increase and to refer to City Attorney regarding the legality of the increase. Motion seconded by Councilman Lenz and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9887 - RESOLUTION FOR PURCHASE The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9888 - RESOLUTION RELATING TO FINANCING A WATER STORAGE TOWER TO BE UNDERTAKEN BY THE CITY OF HUTCHINSON; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive 6 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 reading and adopt. (c) RESOLUTION NO. 9889 - RESOLUTION OF AFFIRMATION BY THE CITY OF HUTCHINSON TO CONTINUE AS A "STAR CITY" FOR THE PURPOSE OF ECONOMIC DEVELOPMENT The motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9890 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM MARQUETTE BANK OF HUTCHINSON, MINNESOTA The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9891 - RESOLUTION ADOPTING YOUTH CENTER BUDGET FISCAL YEAR 1993 The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (f) ORDINANCE NO. 93-74 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (HTI PROPERTY) The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive second reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SUPPLEMENTAL CONSULTANT AGREEMENT WITH SHORT ELLIOTT HENDRICKSON INC. FOR ADAMS STREET/TH 22 RECONSTRUCTION (DEFERRED JANUARY 26, 1993) City Engineer Rodeberg presented a report on the project. He suggested terminating the SEH agreement and allowing MN/DOT to do the project according to their schedule. Engineer Rodeberg will meet with MN/DOT officials and report back to the Council. A petition was received by the Council which contained 50 signatures out of 66 property owners opposed to the Adams Street project. 0 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 No action was taken, and Engineer Rodeberg will report back to the Council at a future meeting. (b) DISCUSSION OF COUNTRY CLUB TERRACE MOBILE HOME PARK Director Randy DeVries reviewed the MVTL Laboratories wastewater survey of flow data for the Country Club Terrace Mobile Home Park which covered the period of January 29 to February 5, 1993. He stated the purpose of the flow study was to monitor the wastewater discharged from the Country Club Terrace trailer court. No action was taken. The City Attorney will meet with Director DeVries, Bill Block, and Mr. Block's attorney next week to discuss the issue. 9. NEW BUSINESS (a) CONSIDERATION OF RECOMMENDATION FOR PURCHASE OF POLICE DEPARTMENT VEHICLE During discussion, it was the consensus of the Council that acceptance of the second lowest bid from Plowman Ford justified the $446 difference in cost of the low bid by the time and expense incurred for City employee(s) to drive back and forth to Superior Ford in Plymouth for service on the vehicle. The motion was made by Councilman Torgerson to accept the quote from Plowman Ford for $14,114.00 for the police car. Motion seconded by Councilman Erickson and unani- mously carried. (b) CONSIDERATION OF APPROVAL FOR USE OF VACATED OLD FIRE STATION BUILDING Following discussion, Councilman Lenz moved to have City staff review use of the old fire station building and bring back suggestions. Motion seconded by Councilman Torgerson and unanimously carried. (c) CONSIDERATION OF WORKERS COMPENSATION INSURANCE CHANGE Insurance agent Dennis Potter presented the workers' compensation retrospective rating program of the League of Minnesota Cities Insurance Trust. He recommended the City change from its current guaranteed cost plan to the League's conservative retrospective rating plan to be effective February 1, 1993. 7 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 Following discussion, Councilman Erickson moved to approve the terms of they League of Minnesota Cities Insurance Trust, effectiv` February 1, 1993. Motion seconded by Councilman Torgerson and unanimously carried. (d) DISCUSSION OF ADAMS STREET (TH 22) COOPERATIVE AGREEMENT WITH MN/DOT This item was deferred (see 8-a). (e) CONSIDERATION OF AIRPORT CONSULTANT AGREEMENT WITH TKDA REGARDING AIRPORT CONSTRUCTION SERVICES Engineer Rodeberg stated the TKDA supplemental agree- ment for construction services and contract closeout was necessary to proceed with the airport improvements. Following discussion, Councilman Lenz moved to approve the supplemental agreement with TKDA. Motion seconded by Councilman Torgerson and unanimously carried. (f) CONSIDERATION OF SUPPLEMENTAL AGREEMENT FOR OTTER LAKE (CROW RIVER) SEDIMENT ANALYSIS WITH BARR ENGINEERING The City Engineer reported Barr Engineering's Phase I project expenditures will total $14,000. They are requesting an additional $4,500 to include sediment core sampling and analyses, for a total of $18,500. Following discussion, Councilman Torgerson moved to approve the agreement with Barr Engineering. Motion seconded by Councilman Lenz and unanimously carried. (g) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR INTOXICATING LIQUOR LICENSE APPLICATION FROM DAVID M. SOWERS AND RICHARD S. BLACK FOR THE FLYERS/HI TOPS BAR & GRILL During discussion, it was the consensus of the Council to inform the current liquor license holder to submit a notice of intent to surrender his liquor license before the hearing. Also, the applicants will be notified of the requirement to have a restaurant license by the date of the public hearing. Following discussion, Councilman Torgerson moved that the applicants have a restaurant license in hand at the time of the public hearing on February 23, 1993, at 8:00 P.M. 0 CITY COUNCIL MINUTES - FEBRUARY 9, 1993 Motion seconded by carried. 10. MISCELLANEOUS Councilman Lenz and unanimously (a) COMMUNICATIONS FROM PSI RECYCLING Gary Bergemann submitted an application for a temporary recyclable material collection license. Following discussion, Councilman Lenz moved to deny the license. Motion seconded by Councilman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson presented a Findings regarding Junker litigation which required Council approval. Since Junker Sanitation Services did not file any further appeals on the first lawsuit, he was confident the lawsuit was near completion. The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the findings. The City Attorney reported the appraisal on the Sheppard property had been received. He will present it at the next Council meeting. (c) COMMUNICATIONS FROM DIRECTOR OF FINANCE Director Kenneth B. Merrill reported on a telephone call regarding Erickson's quote for the liquor store cooler. Since there was no communication on the height of the cooler, a 10 foot cooler at $30,000 was ordered instead of the authorized 6 foot cooler at $26,000. It was the consensus of the Council to honor the quoted price from Erickson's for the approved cooler. Mr. Merrill stated a tire recycling day will be held in Hutchinson on April 17 and in Glencoe on April 24 by BFI Tire Recyclers. There will be a nominal charge for each tire dropped off. The Council was reminded of upcoming meetings with the HCDC Board at 7:00 P.M. and the Utilities Commission at 8:15 P.M. on February 22 at the Hutchinson Community Hospital Conference Room. D CITY COUNCIL MINUTES - FEBRUARY 9, 1993 It was reported the City's vision statement had been prepared by Kathleen Skarvan. It will be reviewed by the directors on February 16. Since the Finance Director was not able to present his annual report, Councilman Lenz moved to hold a special meeting February 23, 1993 at 6:00 P.M. for the Finance Director and City Administrator's annual reports. Motion seconded by Councilman Torgerson and unanimously carried. (d) COMMUNICATIONS FROM COUNCILMAN TORGERSON Councilman Torgerson reported on a telephone call regard- ing a smashed garbage can. He referred the caller to City Hall. (e) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on a problem with the special garbage bag sticker not adhering to the bag. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on the recent meeting in Glencoe with the County Commissioners and legislators. He suggested the City consider lobbying for funding. (g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he attended the Pioneerland Regional Library System meeting in Glencoe on February 8. The Mayor requested the City Attorney to prepare an amended ordinance regarding the number of members serving on the Hospital/Nursing Home Board. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 P.M. 10