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11-07-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, NOVEMBER 7, 1988 1. The meeting was• called to order• by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carle, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend John Longley. 3. MINUTES The minutes of the regular meeting of October 25, 1988 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORT OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT OF OCTOBER 1988 2. AIRPORT COMMISSION MINUTES OF OCTOBER 31, 1988 (b) SNOW REMOVAL PERMIT 1. THOMAS PRIEVE 2. GENE BETKER The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the report and minutes filed and issue the permits. Motion unanimously carried. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION WITH AIRPORT USERS ASSOCIATION - JOHN MILLER Item withdrawn from the agenda. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8882 - RESOLUTION GIVING APPROVAL TO CITY MULTI -HAZARD EMERGENCY RESPONSE PLAN (DEFERRED OCTOBER 25, 1988) The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive reading and adopt Resolution No. 8882. Motion unani- mously carried. CITY COUNCIL MINUTES - NOVEMBER 7, 1988 Alderman Torgerson moved to approve the appointments to the Community Awareness and Emergency Response Team. Motion seconded by Alderman Mlinar and unanimously carried. (b) ORDINANCE 10. 28/88 - ORDINANCE AMENDING SECTION 715;20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "NO PARKING AREAS" BY ADDIING SUBDIVISION 10. 20 THERETO, RELATIVE TO "PARKING, LOCAL REGULATIONS" The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive second reading and adopt Ordinance No. 794. Motion unani- mously carried. (c) RESOLUTION NO. 8891 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8891. Motion unanimously carried. (d) ORDINANCE NO. 24/88 - ORDINANCE TO VACATE TWO FOOT WIDE STRIP OF MONROE STREET The motion was made by Alderman Carle, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 793. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF VARIANCE REQUESTED BY JAY FREEDLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED OCTOBER 25, 1988) During discussion, Jay Freedland reported he would erect an eight foot chain link fence with venetian blind slats. He presented a list of materials to be stored on the site, and the Building Official will contact the MPCA. City Administrator Plotz stated the City would push in the foundation of the structure on the site after the Fire Depart- ment had burned it down for a practice drill training session. Alderman Torgerson moved to approve the variance and conditional use permit and waive readings and adopt Resolutions No. 8887 and No. 8888, with the recommendation of the staff that the sewer be capped at the main. Motion seconded by Alderman Mikulecky. Upon the recommendation of the City Attorney, Alderman Carle amended the motion to have the Building Official write a letter to the DNR, enclosing plans, drawings or sketches with the confirmation letter, stating that nothing further needed to be done as far as improvement to the area within the fenced in storage area. Alderman Torgerson seconded the amended motion and unanimously carried. Main motion carried unanimously. The City Attorney was authorized to prepare an agreement that the City would push in the foundation and be held harmless of future liability. 2 CITY COUNCIL MINUTES - NOVEMBER 7, 1988 (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAY FREEDLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED OCTOBER 25, 1988) See item 8-(a). (c) CONSIDERATION OF UTILITY OVERCHARGE FOR HAUKOS/BRADFORD BUILDING (DENMAR) (DEFERRED JANUARY 26, 1988) City Attorney Anderson reported that 1971 was the effective date when the water meter reading error first occurred. The proposed $15,000 set- tlement would be acceptable to all claimants, and the City would re- ceive a release of claims from all owners of said property since the building was erected. Following discussion, Alderman Torgerson moved to approve the $15,000 refund due to the overcharge from a defective water meter. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF AUTHORIZING ADVERTISING FOR BIDS FOR CAR IMPOUNDING CONTRACT Following discussion, Alderman Torgerson moved to approve advertising and to authorize preparation of specifications. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF FARM LAND RENTAL CONTRACT WITH KENTON AND KURT KNUTSON City Administrator Plotz presented the proposal received from the Knutsons for 80 acres of farm land at $50 per acre for a three year period. Following discussion, Alderman Torgerson moved to approve and enter into contract. Motion seconded by Alderman Mlinar and unani- mously carried. (c) CONSIDERATION OF PURCHASING HANDHELD RADIOS FOR POLICE DEPARTMENT Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the purchase. Motion unanimously car- ried. (d) CONSIDERATION OF AMENDING ASSESSMENT ROLL NO, 245 FOR THIRD AVENUE NORTHWEST PROJECT (LETTING NO. 3, PROJECT NO. 88-17) The Director of Engineering requested an amendment to asessment roll No. 245 to reflect homestead credit for the Nussbaum property on Third Avenue N.W. In keeping with the project policy, the frontage assess- ment should be reduced to $20 per foot and the entire assessment de- ferred. Also, a partial payment of the assessment would be refunded. 3 CITY COUNCIL MINUTES - NOVEMBER 7, 1988 Following discussion, Alderman Carls moved to approve the amendment and to waive reading and adopt Resolution No. 8892. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF TEMPORARY EASEMENT TO MN/DOT FOR HIGHWAY 22 PROJECT Following discussion, Alderman Carls moved to approve the temporary easement contingent upon MN/DOT not being allowed to cut down any trees. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF WATER USAGE PROBLEM AT COUNTRY CLUB TERRACE MOBILE HOME PARK Mr. W. R. Block reported on the water usage problems at the mobile home park and requested a retroactive adjustment on the sewer charges. It was the recommendation of the City Administrator to adjust the sewer charge for a credit of $8,534.98 for 1,427,000 gallons of water per quarter since the purchase date in 1987 to September 29, 1988. Also, it was recommended to extend the credit to December 31, 1988 as an in- centive to repair the leak. Lastly, the winter usage sewer charge would be based on the January/February/March meter usage readings. Following discussion, Alderman Mikulecky moved to follow the recommen- dation of the City Administrator. Motion seconded by Alderman Torger- son and unanimously carried. Mr. Block further requested that the penalty charge on his water bill be waived. The motion was made by Alderman Carls, seconded by Alder- man Torgerson, to forgive the penalty fee of $952.86. Motion unani- mously carried. (g) CONSIDERATION OF REQUEST BY SCHOOL DISTRICT NO. 423 FOR RETURN OF DEBT LEVY Following discussion, Alderman Torgerson moved to approve returning thee money to the School District for debt reduction only. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Carls that it be a permanent policy. Amended motion seconded by Alderman Mlinar and unanimously carried, Main motion carried unanimously. (h) CONSIDERATION OF EXTENDING COUNTY ROAD 89 GOING EAST TO HWY. 22 AND WEST TO INTERSECT SCHOOL ROAD (REQUESTED BY ALDERMAN MARLIN TORGERSON) Alderman Torgerson reported on the need for additional east/west county roads. Following discussion, Alderman Carls moved to forward the re- quest to the county. Motion seconded by Alderman Torgerson and unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR 4 CITY COUNCIL MINUTES - NOVEMBER 7, 1988 City Administrator Plotz presented a Resolution to repeal the excava- tion procedure under "Gopher State One Call." The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8893. Motion unanimously carried. Brown's Greenhouse had submitted a late request for temporary signs on wheels for the month of December to be located at the corner of Hwy. 7 East and Michigan Street and the corner of Second Avenue S.E. and Adams Street. The motion was made by Alderman Torgerson, seconded by Alder- man Mlinar, to approve the temporary signs. Motion unanimously car- ried. Administrator Plotz commented on a discipline policy being incorporated into the city's employee handbook. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the installation of street lighting along South Main Street where the highway project was recently completed. Inasmuch as there will be no permanent lighting until the first of Jan- uary, it was the consensus of the Council to put one light at each cor- ner in the interim. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about a right turn from South Grade Road onto Lynn Road. Mayor Ackland reported that as a result of a meeting with MN/Dot representatives, City staff, Mr. & Mrs. Earl Fitzloff, Mr. & Mrs. Bill Backen, and a hospital representative, an agreement was reached that Lynn Road will be opened up for a right turn. Also, next year the State Highway Department will put in a left turn lane off of Highway 15 South. Alderman Mlinar moved to send MN/DOT a positive Resolution (No. 8894) on its ability to work with the City of Hutchinson. Motion seconded by Alderman Mikulecky and unanimously carried. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on a verbal request for street lighting op Delaware Street and Highway 7 West. This item will be referred to the Utilities. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported on the Beeler property and the issue of deferred assessments. It was his recommendation to defer the assess- ments for not more than five years. Following discussion, Alderman Torgerson moved to defer the assessments for a five year period, starting in 1987. Motion seconded by Alderman 5 CITY COUNCIL MINUTES - NOVEMBER 7, 1988 Carls. Alderman Torgerson amended the motion to start in 1988. Amend- ed motion seconded by Alderman Carls and unanimously carried. Main mo- tion carried unanimously. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported on a joint meeting of the City Council with the Nursing Home Board on November 14. However, he requested the time be changed to 7:30 P.M. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve and authorize payments from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9;00 P.M. 6