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11-26-1985 CCM?' MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 26, 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin ar- 1in Torgerson, Alderman Pat M i ku 1 ecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz and Director of Engineering Mar- low V. Priebe. 2. INVOCATION The invocation was given by the Reverend Manley Swarthout. 3. MINUTES The minutes of the regular meeting of November 12, 1985 were approved as amended and the minutes of the special meeting of November 18, 1985 will be reissued at the next meeting. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1985 2. PLANNING COMMISSION MINUTES DATED OCTOBER 15, 1985 Mayor Stearns ordered the report and minutes to be filed. (b) CONSIDERATION OF APPLICATIONS FOR CHRISTMAS TREE SALES PERMITS: 1. LEONARD RIEMANN 2. TERRY WALTERS Alderman Carls moved to approve the applications and issue the permits. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF APPLICATIONS FOR SNOW REMOVAL PERMITS: 1. MARK BETKER - BETKER BUILDERS 2. DELBERT CROTTEAU 3. RON HANSEN 4. MILT HANSON 5. EDWIN KARG 6. HAROLD MOLLS 7. DOUGLAS PETERSON 8. MARK SHOUTZ 9. DALE STURGES 10. STEVE STURGES 11. OTTO TEMPLIN - ERICKSON & TEMPLIN CONST. The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, 1 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 to approve the applications and issue the permits. Motion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) ADOPTION OF INDUSTRIAL WASTEWATER PRETREATMENT ORDINANCE Mayor Stearns called the public hearing to order at 8:00 P.M. Mr. Jim Hagley of CED/Donohue & Associates, Inc. gave a brief intro- duction of the purpose of the program and highlighted the key points of Ordinance No. 20/85. He stated it was a requirement of the E.P.A. to regulate the discharge of industries. Therefore, the local industries, M.P.C.A., the City of Hutchinson and CED had worked together to reach an agreement on the proposed ordinance. Mayor Stearns stated the copper limit should be changed as soon as pos- sible. Discussion was given to the high level of copper in the City's water. There was no known solution to the matter in question. Mr. Wayne Fortun, President of Hutchinson Technology, commented on the low flow of the river and how it was affected by metals. There was an excess of four pounds of copper per day and two pounds per day from in- dustry. He remarked that by working with the two consultants, the dif- ferent industries and St. Paul 3M, the City, and M.P.C.A., they were able to reach where they are today. The limitations set by M.P.C.A. could limit H.T.I. to two shifts and no growth. The industry will have to watch the copper concentration and reduce it. Mr. Hagley recommended that at some point after the program begins, the City should determine a permit fee for industries, typically $500. Mr. Dick Desens, President of Ty's Metal, commented that the pretreat- ment program represented a lot of work by those involved. Everyone had done their best to put together an ordinance environmentally sound that was workable. It represented a cooperative effort by the City and in- dustries, which was what made Hutchinson the city it was by working to- gether. Mr. Jack Yates, Hutchinson Technology, commented on the copper limita- tion and how it could affect the City. He pointed out that if the cop- per limit was not raised, H.T.I. may be severly limited. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to close the hearing at 8:27 P.M. Motion carried unanimously. Alderman Mlinar moved to approve the pretreatment program and to waive first reading of Ordinance No. 20/85 and set second reading for Decem- ber 10, 1985. Motion seconded by Alderman Carls and unanimously car- ried. 2 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY SENIOR ADVISORY BOARD FOR RELEASE OF SENIOR CENTER FUND RAISING MONEY Following discussion, Alderman Torgerson approved the release of funds. Motion seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMAN PROPERTY 2. GUTORMSON PROPERTY In the absence of the City Attorney, this item was deferred to the next Council meeting. (c) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND ADVANCED WORKSHOP IN CITY AUDITS DECEMBER 3, 1985 Alderman Mikulecky moved to approve the request. Motion seconded by Alderman Torgeson and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 17/85 - ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED REAL PROPERTY Alderman Mikulecky commented that the sale of property was made before the ordinance allowed the sale. The warranty deed was filed with the County on November 7, 1985 and signed on November 1, 1985 by the Mayor. Mayor Stearns replied that the City Attorney had approved the legal procedure, and he felt everything was in proper order. Alderman Mlinar moved to waive the second reading and adopt Ordinance No. 725. The motion was seconded by Alderman Torgerson and carried four to zero, with Alderman Mikulecky abstaining from voting. (b) RESOLUTION NO. 8158 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8158. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF APPOINTING CITY SOLID WASTE MANAGEMENT COMMITTEE (DEFERRED NOVEMBER 12, 1985) 1. BARBARA (MRS. CLYDE) PETERSON 2. FRANK MOTT 3 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 3. BILL EVERETT 4. MARK SCHNOBRICH 5. JERRY NOTCH 6. ED E. HOMAN 7. BOB STEARNS 8. MARLOW PRIEBE - EX -OFFICIO Alderman Torgerson moved to ratify the appointments and to waive read- ing and adopt Resolution No. 8161. Motion seconded by Alderman Mlinar and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson to authorize discontinuation of service unless other arrangements had been made. Motion seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF JOB TITLE CHANGE FOR NANCY BUSS It was moved by Alderman Carls, seconded by Alderman Torgerson, to ap- prove the title change for Nancy Buss. Motion carried unanimously. (c) CONSIDERATION OF REZONING REQUEST SUBMITTED BY LARRY WENDORFF WITH FAVORAQBLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to waive the first reading of Ordinance No. 19/85 and set the second reading December 10, 1985, approving the rezoning. Motion seconded by Alderman Torgerson and car- ried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUEST SUBMITTED BY PURE CULTURE PRODUCTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to approve the permit and to waive reading and adopt Resolution No. 8159. Alderman Carls seconded the motion and unanimously carried. (e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT SUBMITTED BY TY HELLAND (HELLAND'S SEVENTH ADDITION) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz recommended referring this item back to the Planning Commission until the requirements had been met. Following discussion, Alderman Torgerson moved to refer the plat back to the Planning Commission. Motion seconded by Alderman Mikulecky and carried unanimously. 4 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 (f) CONSIDERATION OF AMENDMENTS TO SUBDIVISION ORDINANCE NO. 466 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to waive first reading of Ordinance No. 21/85 and set second reading December 10, 1985. Mo- tion seconded by Alderman Carls. Alderman Torgerson amended his mo- tion to include the corrections in Sections 5.30, 5.47, and 5.96. Amended motion seconded by Alderman Mlinar and unanimously carried. The main motion carried unanimously. (g) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 6.09 FEES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz explained the reason for the proposed amend- ment to Zoning Ordinance No. 464, Section 6.09 Fees, which would remove the fee schedule from the zoning ordinance and allow the City Council to change the fees by resolution rather than by amending the ordinance. Alderman Torgerson moved to approve the amendment and to waive first reading of Ordinance No. 18/85 and set second reading December 10, 1985. The motion failed for lack of a second. Following discussion, Alderman Mlinar moved that the City Administrator research and review the possibility of having all fees set by ordi- nance. Motion seconded by Alderman Mikulecky and carried three to two with Aldermen Carts, Mlinar and Mikulecky voting aye and Alderman Tor- gerson and Mayor Stearns voting nay. (h) CONSIDERATION OF REPLACING 1977 CHEVROLET VAN FOR ENGINEERING DEPARTMENT After discussion, Alderman Mikulecky made the motion to obtain esti- mates on new vans and used vans comparably equipped and to report back at the next Council meeting for comparison. Motion seconded by Alder- man Mlinar and unanimously carried. (i) CONSIDERATION OF AMENDING PERSONNEL POLICY TO INCORPORATE FEDERAL FAIR LABOR STANDARDS ACT Personnel Coordinator Sitz reported on the Federal Fair Labor Standards Act and its affect on the City personnel policy regarding compensatory time. Following discussion, Alderman Mlinar moved to approve the amendment of the personnel policy and to waive reading and adopt Resolution No. 8157. Motion seconded by Alderman Carls and carried unanimously. (j) CONSIDERATION OF CALLING FOR A PUBLIC HEARING FOR PRIVATE OR PUBLIC FINANCING OF POLICE STATION 9 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 City Administrator Plotz commented the public hearing would be a fol- low up to the special meeting held with the Police Station Building Committee on November 18, 1985. The intent was to obtain public input. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and set a public hearing on December 10, 1985 at 8:00 P.M. Motion unanimously carried. (k) CONSIDERATION OF APPLICATION FOR INTOXICATING LIQUOR LICENSE BY DENNIS HANSON FOR VELVET COACH Alderman Mlinar moved to set a public hearing on December 10, 1985 at 8:00 P.M. Motion seconded by Alderman Carls and carried unanimously. (1) CONSIDERATION OF NAMING CHARLES BAILLY & COMPANY AUDITORS FOR 1985 ANNUAL FINANCIAL STATEMENTS Alderman Mlinar moved to approve the auditors for 1985. Motion sec- onded by Alderman Torgerson and unanimously carried. (m) CONSIDERATION OF REQUEST FOR PURCHASE OF HP -150 COMPUTER AND PRINTER FOR TRANSIT DEPARTMENT WITH MATCHING FUNDS FROM MN/DOT It was reported the Minnesota Department of Transportation would give the City $2,000 toward the purchase of a micro -computer for the Transit Department, with the City's matching cost to be approximately $1,600. Following discussion, Alderman Carls moved to approve the computer pur- chase and to waive reading and adopt Resolution No. 8160. Motion sec- onded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF PLAZA 15 SHOPPING CENTER EXPANSION PROPOSALS Director of Engineering Priebe reported on his recent meeting with MN/DOT regarding the proposed expansion of Super Valu to a Cub Foods Store at Plaza 15. It has been scheduled for MN/DOT to meet with Super Valu and Kraus -Anderson representatives on November 27; therefore, additional information will be forthcoming. (o) REPORT BY CITY ENGINEER ON MN/DOT PROJECTS Engineer Priebe reported MN/DOT had requested a new letting date of June 27, 1986 for the T.H. 7/22 West project. Therefore, the City should hold a hearing in the near future to assess properties bene- fited by the improvement and not previously assessed for street improve- ment. MN/DOT would like to utilize the service road along T.H. 7/22 for a by- pass during construction to eliminate detouring traffic to Litchfield. The by-pass would require construction of the service road west of School Road. C.1 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 It was reported that MN/DOT would not have time to design a yellow flashing light system at School Road as requested by the Council due to the proposed construction schedule and limited manpower. However, the City could take steps to have the design for the flashing light pre- pared by a professional engineer. All costs of the preparation of the plans and contract for installation would be paid by the City. There are proposed plans to design a left turn, through traffic and right turn lane designation for both north and south bound traffic at Washington Avenue and Second Avenue South. (p) CONSIDERATION OF AUTHORIZING PREPARATION OF SPECIFICATIONS FOR RAILROAD CONNECTOR TRACK AND SPUR TRACK City Administrator Plotz suggested that inasmuch as the Director of Engineering did not have the expertise to prepare specifications for the railroad connector track and spur track, the Council consider Ber- nie Prusak of Gopher Engineering. Mr. Prusak had submitted an estimate of $35 per hour, plus travel and typing expenses, or an estimated total cost of $2,200 to develop the specifications. This cost would come out of the tax increment financing fund. Mr. Plotz reported the City At- torney had received an opinion from the State Attorney General's office that the railroad project would have to be bid off specifications. Following discussion, Alderman Carl moved to approve the preparation of specifications by Bernie Prusak and to waive reading and adopt Reso- lution No. 8163. Motion seconded by Alderman Mlinar and unanimously carried. (q) CONSIDERATION OF AUTHORIZATION TO ENTER INTO NEGOTIATIONS WITH SURROUNDING TOWNSHIPS FOR JOINT ORDERLY ANNEXATION AGREEMENT After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to approve entering into negotiations. Motion carried unanimously. (r) CONSIDERATION OF ACCOUNT FOR STATE SURCHARGE REFUND City Administrator Plotz stated that he and the Finance Director were opposed to a separate fund since the City budget already provided for conferences and other items in the building department. Following discussion, Alderman Carls moved to reject the account. Mo- tion seconded by Alderman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reminded the City Council of the special meet- ing scheduled for December 5, 1985 in the fire station conference room. 7 CITY COUNCIL MINUTES - NOVEMBER 26, 1985 The City Policy Procedures Handbook will be reviewed at that time. Also, discussion will be given to the annual wage adjustment and merit raise. Mr. Plotz stated he had two inquiries from Council members regarding the memorandum addressed to the City Engineer concerning his vacation plans for winter 1986. Engineer Priebe reported he had not been able to respond in writing due to meetings, but his vacation plans were to be gone December 22, 1985 to January 20, 1986, using both earned com- pensatory time and vacation time. Following his anniversary date, he would be taking four weeks of vacation in March. The City Council re- quested Engineer Priebe to present his request in writing for the next Council meeting. It was reported that Change Order No. 3 for the recreation facility, in the amount of $644.68, needed Council approval. The change order would provide additional insulation to reduce possible condensation on the interior wall and revise the location of exterior lights. Also, the contractor requested a 30 -day extension due to weather conditions and other delays. It was reported the Recreation Department planned to move into the new facilities in December and have activities in the building by December 20. Alderman Mlinar moved to authorize the Change Order No. 3. Motion seconded by Alderman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls commented on the recent article in The Hutchinson Lead- er regarding water meters. Discussion of the problem of accurate meter readings followed. An inquiry was made about the barking dog ordinance, but no answer was available. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar reported that William Janousek was having a problem with people cutting across his property, and he wondered what could be done. Mr. Janousek had been told he could not put up a fence. City Administrator Plotz responded that he thought Mr. Janousek had been given some alternatives from the Building Official. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated John Korngiebel had contacted him to report the heat exchanger in the fire station would be replaced. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe requested Council approval of Resolution No. 8162 to CITY COUNCIL MINUTES - NOVEMBER 26, 1985 disperse payment under two lettings and to correct the City records for work done in Kimberly Country Estates. Since a change order was more than 25 percent of the letting for the project, the City Attorney had determined this action necessary to meet the requirements of the law. Alderman Mlinar moved to waive reading and adopt Resolution No. 8162. Motion seconded by Alderman Mikulecky and unanimously carried. The City Engineer presented an update on the railroad work and reported the contractor was working in the low area of the elevator where the trackage will be laid. Excess water was being pumped out. A meeting was held with Ralph Neumann, Dick Nagy, and Skip Quade re- garding the meter problem at the wildlife sanctuary. The City had been given an inaccurate, low estimate of water usage. The potential water use would be approximately $21,000 a year. Other possible sources for water would be a deep well or a horizontal well. The use of river water had been ruled out. An update report will be presented at the next Council meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:38 P.M. 7