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01-26-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 26, 1993 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were pr_sent: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson, and Don Erickson. Also present: City ACninistrator Gary D. Plotz, Director of Engineering John Ro:eberg, and City Attorney G. Barry Anderson. 2. 3. 4. INVOCATION The invocation was given by the Reverend Dan Cloeter. MINUTES The minutes of the regular meeting of January 12, 1992 were approved as distributed. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1992 2. PLANNING COMMISSION MINUTES OF DECEMBER 15, 1992 (b) REPORT OF CITY INVESTMENTS (c) APPLICATIONS FOR SNOW REMOVAL PERMIT 1. TOM PRIEVE 3. JIM HAASL 2. DOUGLAS PETERSON 4. JEAN DAVISON The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to order report and minutes filed and to issue permits. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF PURCHASING BACK-UP GENERATOR FOR BURNS MANOR NURSING HOME Following discussion, Councilman Torgerson moved to approve the purchase of a back-up generator from Flaherty, Inc., at low bid of $38,695.00. Motion seconded by Councilman Lenz and unanimously carried. CITY COUNCIL MINUTES - JANUARY 26, 1993 7. 0 RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9885 - RESOLUTION SUPPORTING AN ADMINISTRATIVE FEE INCREASE FOR DEPUTY REGISTRARS The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9886 - RESOLUTION RELEASING PLEDGED SECURITIES TO CITIZENS BANK & TRUST CO. OF HUTCHINSON, MINNESOTA The motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried, to waive reading and adopt. (c) AMENDED RESOLUTION NO. 9862 - APPOINTING LEGAL COUNSEL The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt amended Resolution. UNFINISHED BUSINESS (a) DISCUSSION OF COUNTRY CLUB TERRACE WATER SERVICE Approximately 12 mobile home park residents were present to discuss the situation at the Country Club Terrace Park. A petition from several residents had been presented to the Council earlier. Attorney Anderson stated Mr. Bill Block had commenced litigation against the City regarding the water billing at Country Club Terrace. He assured the residents the City would try to avoid putting the residents in the middle of the issue. Scott Morrison, Lot 10 CCT, inquired if the park residents would receive future advance warning of the water being turned off because the City would not honor Block's water payment. Attorney Anderson reported a method was worked out between the City and Hutch Inc. that should not effect the residents. Guy Chaffee, Lot 118 CCT, asked about the water charge to the residents which was greater than what was charged by E CITY COUNCIL MINUTES - JANUARY 26, 1993 the City to the owner. He wondered if the City had the right to question codes in the park. The City Attorney commented the water charge was a reasonable concern and should be raised with the owner. He was not certain if the City would address this issue in the near future. He further stated the City would notify the State Health Department if there was a concern about codes. Most of the issues in the petition are between the owner and the residents regarding the law, and the tenants need to pursue it on their own. The City will protect the residents where it relates to the City. John Maas, Lot 33 CCT, inquired about City rules governing what can and cannot be done in a trailer park. He asked if the City might have to adopt regulations at some point in the future. Attorney Anderson stated there had never been a real need to adopt an ordinance governing mobile homes. The mobile home parks are ruled over by the State and the Health Department. The City does not have detailed regulations governing parks and the since the State has regulations and codes. Mayor Ackland reported the City did not want to receive direct payments from the residents at this time. There was no way to assess an unpaid water bill against a mobile home. A mobile home park is treated as a commercial account. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to authorize discontinuation of service at noon on February 1 unless other arrangements were made. (b) CONSIDERATION OF APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS PERMIT BY CURITS W. DIXON, DBA PREMIER PORTRAITS INTERNATIONAL, INC. Following discussion, Councilman Mlinar moved to approve and to issue permit. Motion seconded by Councilman Lenz and unanimously carried. C CITY COUNCIL MINUTES - JANUARY 26, 1993 (c) CONSIDERATION OF PROPOSAL FOR LIQUOR STORE CHECKOUT COUNTER AND DISPLAY CASE City Administrator Plotz recommended approval of the total Goebel bid for a plastic laminate checkout counter ($2,561.00) and a plastic lam-inate back shelf unit with a sliding door base ($3,045.00 + $576.00 for delivery and installation), and to reduce the previously approved shelving bid and the pint display for a reduced price of $1,557. Following discussion, Councilman Mlinar moved to approve the recommendation. Motion seconded by Councilman Torgerson and unanimously carried. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to approve the pallet jack. (d) DISCUSSION OF SIMONSON'S LUMBER PROPERTY, PHASE II City Attorney Anderson reported Simonson's Lumber would accept $12,000.00 as a full, final and complete settle- ment of all issues relating to the personal property. Following discussion, Councilman Erickson moved to approve the $12,000.00 payment. Motion seconded by Councilman Mlinar and unanimously carried. (e) CONSIDERATION OF ENTERING INTO CONSULTANT AGREEMENT WITH BOLTON & MENK FOR SOUTH GRADE ROAD RECONSTRUCTION Engineer Rodeberg reported federal aid money was avail - available for utilization. The City share would be 10 percent of the reconstruction cost and engineering. Following discussion, Councilman Erickson moved to approve entering into a "Project Memorandum Phase" contract not to exceed $4,860.00. Motion seconded by Councilman Lenz and unanimously carried. (f) CONSIDERATION OF SUPPLEMENTAL CONSULTANT AGREEMENT WITH SHORT ELLIOTT HENDRICKSON INC. FOR ADAMS STREET/TH 22 RECONSTRUCTION Engineer Rodeberg recommended deferring this item until the February 9 Council meeting. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to table to February 9, 1993. 4 CITY COUNCIL MINUTES - JANUARY 26, 1993 (g) CONSIDERATION OF REQUEST FOR PROPOSALS FOR SOUTHWEST AREA DEVELOPMENT Engineer Rodeberg recommended contracting with Barr Engineering to provide comprehensive development planning for the area and to present a contract at the next Council meeting. Following discussion, Councilman Lenz moved to authorize the City Engineer to contact Barr Engineering for a contract. Motion seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF REQUEST FOR PROPOSALS FOR BRIDGE CONSULTANTS The City Engineer reported the bridge project was budgeted for 1993. He requested authorization to send out requests for proposals to three firms for consulting services for the Bluff Street bridge and potential Fifth Avenue SE bridge. Following discussion, Councilman Torgerson moved to approve authorization. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF DESIGNATING LOCAL GOVERNMENT UNIT FOR WETLAND MANAGEMENT Engineer Rodeberg stated the County was required to be the local government unit unless the City wanted the responsibility of administering the program. He recommended the City not designate itself as the LGU. Councilman Erickson moved the City take no action. Motion seconded by Councilman Torgerson and unanimously carried. (j) CONSIDERATION OF REZONING FROM R-1 TO I-1 REQUESTED BY HTI AND FROM R-1 TO C-4 WIGEN PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Engineer Rodeberg reported the annexation procedure for the Wigen property had not been completed so it could not be rezoned at this time. The motion was made by Councilman Mlinar, seconded by Councilman Lenz, to waive first reading of Ordinance No. 93-74 and to set second reading for February 9, 1993. 5 CITY COUNCIL MINUTES - JANUARY 26, 1993 Councilman Mlinar amended the motion to approve rezoning of the HTI property only, Amended motion seconded by Councilman Lenz and unaniiubusly carried. The main motion unanimously carried. (k) CONSIDERATION OF ANNEXATION PROCEEDINGS IN LYNN TOWNSHIP REQUESTED BY DAN HUEBERT (ROGER STEARNS PROPERTY) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve and refer the annexation to the Minnesota Municipal Board. Motion seconded by Councilman Torgerson and unanimously carried. (1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY RICH WESTLUND WITHIN TWO MILE RADIUS (LYNN TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to refer to the County with no objection. Motion seconded by Councilman Mlinar. Following discussion regarding the soil conditions, Councilman Torgerson amended the motion to approve the Planning Commission recommendations. Amended motion seconded by Councilman Mlinar and unanimously carried. Main motion carried unanimously. (m) CONSIDERATION OF SKETCH PLAN SUBMITTED BY JOHN BERNHAGEN WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer to the County with no objection. Motion seconded by Coun- cilman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented the City had received an appraisal report on the city -owned vacant lot adjacent to Shopko. The City Administrator reported over 110 families had registered for the compost course to be held in March. He also noted the County Solid Waste Committee was going to have a county -wide tire collection day April 17 in Hutchinson and April 24 in Glencoe. There will be three special pickup dates for leaves the 0 CITY COUNCIL MINUTES - JANUARY 26, 1993 weeks of April 5, April 19 and May 3. Also, Aagard West suggested the week of May 17 for hard/white goods pickup. The motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to approve the stated dates. Administrator Plotz commented on the in-house "Visioning Seminar" to be presented by Kathleen Skarvan. The City and each department intends to develop a vision state- ment. Mr. Plotz mentioned an accreditation meeting he attended at the Chamber of Commerce. The City Administrator suggested a meeting date be established for the remainder of the directors reports. Councilman Mlinar moved to hold a special meeting beginning at 5:00 P.M. on February 9, 1993. Motion seconded by Councilman Lenz and unanimously carried. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz inquired about the status of the Phase II downtown development. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar asked about the Elks settlement. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported on the status of the Chamber of Commerce's position pertaining to locating in the new City Hall. The City Attorney stated the son of Mrs. T. P. Sheppard had contacted him regarding the property at 15 Franklin Street N. They were willing to offer the City first option for purchase at some future date. Following discussion, Councilman Erickson moved to authorize the City Administrator to contact appraiser David J. Lorence for an appraisal of the Sheppard property. Motion seconded by Councilman Torgerson and unanimously carried. 7 CITY COUNCIL MINUTES - JANUARY 26, 1993 (e) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg requested approval of an additional $600.00 compensation to the airport appraiser for a total bill of $1,500.00. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve. The City Engineer commented on the Braun testing contract for TKDA and stated no action was needed. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve the claims and authorize payment from appropriate funds. RECESS: The City Council recessed at 9:20 P.M. to prepare for a special closed meeting. SPECIAL CLOSED MEETING The closed meeting was reconvened at 9:30 P.M. pursuant to M.S.S. Section 471.705, Subd. 1 (d) (2) and Subd. 1 (d) (c) and such other provisions of the Minnesota Open Meeting Law as applicable. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson, Don Erickson, City Adminis- trator Gary D. Plotz, and City Attorney G. Barry Anderson. Discussion was directed to the following three items: 1. Internal Affairs Relating to Law Enforcement Personnel 2. Junker Sanitation Litigation 3. Potential Litigation with Hutch, Inc. (Bill Block and Country Club Terrace) A cassette tape was made of the meeting. The meeting adjourned at 10:15 P.M.