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09-26-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 26, 1989 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The follow- ing were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Marlin Tor- gerson, Pat Mikulecky, and Mike Carls (arrived at 9:05 P.M.). Also present: Finance Director Kenneth B. Merrill, Consultant Engineer Marlow V. Priebe, and City Attorney G. Barry Anderson, 2. INVOCATION The invocation was given by the Reverend Donald Kinzer. 3. MINUTES The minutes of the regular meeting of September 12, 1989 and bid openings of September 18 and 19, 1989 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - AUGUST 1989 2. PLANNING COMMISSION MINUTES -- AUGUST 15, 1989 3. HRA MINUTES - JULY 18 AND AUGUST 15, 1989 (b) APPLICATION FOR CIGARETTE LICENSE AT TOTAL MART (c) REDUCED REFUSE RATE FOR SENIOR CITIZEN (d) APPPOINTMENTS: 1. PARK & RECREATION BOARD - MICHAEL SCHALL 2. AIRPORT COMMISSION - MARK LOPAC The motion was made by Alderman Mlinar, seconded by Alderman Torger- son and unanimously carried, to order the report and minutes filed, issue license, approve reduced refuse rate, and ratify appointments. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES 1 -Z CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 (a) RESOLUTION NO. 9072 - RESOLUTION FOR PURCHASE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt the amended reso- lution, deleting the bulldozer work. (b) ORDINANCE 90. 89-06 (REVISED FORMAT) - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 4 ENTITLED "CONSTRUC- TION LICENSING, PERMITS AND REGULATION", BY ADDING A PROVISION RELATING TO OUTDOOR SWIMMING POOL CONSTRUCTION AND REQUIRING PERMITS THEREFOR; AND, BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to waive second reading and adopt. (c) RESOLUTION NO. 9073 - RESOLUTION SETTING ELECTION, TIME, PLACE LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE ANNUAL CITY ELECTION The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9074 - AUTHORIZING RELEASE OF PLEDGED SECURITIES AND SUBSTITUTION OF AND APPROVING SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously carried, to waive reading and adopt. (e) ORDINANCE NO. 89-07 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Alderman Mikulecky and seconded by Alderman Mlinar to waive second reading and adopt. Following discussion, Alder- man Torgerson moved to amend the motion to table. Motion seconded by Alderman Mlinar and amended motion unanimously carried. Main motion carried unanimously. The City Attorney stated he would contact Robert Hornick to submit his required site plan by the first of October; otherwise, the Council will reject the rezoning. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF INSURANCE CONSULTANT'S RECOMMENDATIONS REGARDING EMPLOYEE INSURANCES AND AUTHORIZATION TO SUBMIT QUESTION ON EMPLOYEE INSURANCES TO EMPLOYEE VOTE (DEFERRED SEPTEMBER 12, 1989) Attorney Anderson reported he had checked into the question raised at 2 CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 the last Council meeting, and there was no need for a vote from the employees. Mayor Ackland stated that, as a result of the Employee Benefit Com- mittee meetings, the recommendation for employee insurance was a $100 deductible with 80/20 on next $2,000 and $200 deductible on chiropractic care in network, and $100 deductible with 60/40 next $2,000 outside the network, effective October 1. There would be no employee contribution toward the cost of the insurance program. Alderman Mikulecky moved to accept the new insurance proposal as pre- sented by the Mayor. Motion seconded by Alderman Mlinar and unani- mously carried. It was reported that Alderman Carls wanted to go on record in support of the plan, although he could not be present at the meeting to vote. (b) CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY REGARDING AIRPORT APPRAISAL FOR EMMET MCCORMICK PARCEL (DEFERRED SEPTEMBER 12, 1989) The motion was made by Alderman Torgerson to defer. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Mikulecky, seconded by Alderman Tor- gerson and unanimously carried, to discontinue service on October 2 at noon unless other arrangements were made. (b) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT LICENSE BY 21ST CENTURY PROMOTIONS (W. H. ANDERSON) Following discussion, Alderman Torgerson moved to approve and issue the license. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF ACQUISITION OF PROPERTY OWNED BY FREDRICK PLATH The motion was made by Alderman Mikulecky to defer. Motion seconded by Alderman Torgerson and unanimously carried. (d) CONSIDERATION OF SERVICE CONTRACT FOR HEATING AND AIR CONDITIONING AT WASTEWATER TREATMENT PLANT The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to accept the recommendation of the wastewater treatment plant Direc- tor. Following discussion, Alderman Mlinar moved to defer to the next meeting for the Director to answer some questions regarding the con- tract. Amended motion seconded by Alderman Mikulecky and unanimously carried. 3 CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 (e) CONSIDERATION OF SETTING DATE OF OCTOBER 9, 1989 FOR CITY AUCTION The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the date and Hotovec's Auction Service as auctioneer. Mo- tion unanimously carried. (f) CONSIDERATION OF COALITION OF GREATER MINNESOTA CITIES SPECIAL ASSESSMENT It was reported that the City received an invoice for $1,976 from the Greater Minnesota Cities for additional funding relating to expenses of the 1989 legislative session and special session, which may be paid in 1990. Following discussion, Alderman Mlinar moved to approve. Motion sec- onded by Alderman Torgerson and carried three to one, with Alderman Mikulecky voting nay. (g) CONSIDERATION OF AWARDING BIDS FOR LETTINGS NO. 10 AND NO. 11 Following discussion, the motion was made by Alderman Mikulecky to ap- prove and enter into contracts with Wm. Mueller & Sons in the amount of $65,600.70 for Letting No. 10 (Project No. 89-16) and Hanson and Vasek Construction in the amount of $30,376.00 for Letting No. 11 (Project No. 89-17), and to waive readings and adopt Resolutions No. 9080 and No. 9081. Motion seconded by Alderman Torgerson. Alderman Mikulecky amended the motion that the source of funding for the two projects would come out of the 1990 improvement bond issue. Amended motion seconded by Alderman Torgerson and unanimously carried. Main motion carried unanimously. (h) CONSIDERATION OF AWARDING BID FOR TWO 1990 ONE-HALF TON PICKUP TRUCKS The motion was made by Alderman Torgerson to approve the low bid of $33,760.94 for two pickup trucks and to enter into contract with Wigen Chevrolet. Motion seconded by Alderman Mlinar and unanimously carried. (i) CONSIDERATION OF BEGINNING ANNEXATION PROCEEDINGS ON TRACT 1, LYNN TOWNSHIP OFF SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMM SS I ON The motion was made by Alderman Mlinar to approve annexation and refer to the Municipal Board. Motion seconded by Alderman Torgerson and car- ried three to one, with Alderman Mikulecky voting nay. It was reported the assessment due on the properties owned by Ron Han- sen at the time of annexation was $3,552.38 plus interest to date of $2,051.50 for a total of $5,603.88 as presented in the Consultant En- gineer's letter of September 19, 1989. During discussion, Mr. Hansen requested a reduction of approximately 4 CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 $1,800 on the above amount as a credit on property he purchased (Prop- erty I.D. No. 01-116-30-14-0090). After deliberation, the Council agreed to credit him for 75% of the approximate $1,800. Also, the Council concurred that the existing gravel operation on Mr. Hansen's property would be grandfathered in. Until such time as he either sells the property or makes changes in the operation or structures on same, the business can continue. Alderman Torgerson moved that the three percent interest be applied to the deferred assessments and the 50% of the assessments given inadver- tently be forgiven and the property owner pay the other 50%. Motion seconded by Alderman Mlinar, Alderman Mikulecky amended the motion to 75% City share and 25% Hansen share of the approximate $1,800, with payment agreed to be made by December 1, 1989. Amended motion seconded by Mayor Ackland and unanimously carried. Main motion unanimously carried. (J) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 9075. Motion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF ADDITION TO ZONING ORDINANCE REGARDING BED AND BREAKFAST INN ESTABLISHMENTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve and waive first reading of Ordinance No. 89-09 and set second reading for October 10, 1989. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Mikulecky to delete the $15 annual license fee. Amended motion seconded by Alderman Torgerson and unanimously carried. Main motion carried unanimously. (1) CONSIDERATION OF ENCROACHMENT FRANCHISE AGREEMENT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve and authorize the City Attorney to prepare the franchise agreement form. Motion sec- onded by Alderman Mikulecky and unanimously carried. (m) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY CARLIE KARG WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve. Motion sec- onded by Alderman Torgerson and unanimously carried. (n) CONSIDERATION OF FINAL PLAT OF HELLAND'S NINTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 5 CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 Following discussion, Alderman Mlinar moved to approve and waive read- ing and adopt Resolution No. 9076. Motion seconded by Alderman Torger- son and unanimously carried. (o) CONSIDERATION OF FINAL PLAT OF MILLER TOWNHOUSE FIFTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve and waive read- ing and adopt Resolution No. 9077. Motion seconded by Alderman Torger- son and unanimously carried. (p) CONSIDERATION OF SETTING DATE AMD TIME FOR 1990 CITY BUDGET HEARING Finance Director Merrill reported a tentative date of November 2, 7:00 P.M., had been established for the public hearing on the 1990 budget. The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and unanimously carried, to approve the tentative date of November 2, 1989 at 7:00 P.M. Alderman Torgerson moved to approve the preliminary tax levy for the City of $2,414,281 and waive reading and adopt Resolution No. 9079. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM FINANCE DIRECTOR Director Kenneth Merrill reported on the legislative meeting scheduled for tomorrow. He also stated that State Auditor Arne Carlson will be conducting a Financial Health Seminar in Willmar on October 5 for cities in the surrounding area. PACE Laboratories did an asbestos study of City Hall and old fire hall, and a report on the findings was placed in the Council packet. Short/ Elliott/Hendrickson prepared a concept of plans for the proposed re- modeling of City Hall, and they are available for review. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the preliminary Comprehensive Plan which had been presented at the September Planning Commission meeting and re- quested that copies be made available to the Council members. He fur- ther commented about the solid waste recycling around town. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported he had a petition for two street lights on Roberts Road north of the intersection of McDonald Drive West and Roberts Road. He then moved to refer the request for two street lights on Roberts Road to the utilities. Motion seconded by Alderman Mlinar and unanimously carried. M CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 Alderman Torgerson suggested two new street lights be installed in front of the Police Station on Franklin Street. He also requested that the broken street light on Main Street be replaced. Following discus- sion, Alderman Torgerson moved to direct the utilities to use its judg- ment in the purchase of the light poles. Motion seconded by Alderman Mlinar and unanimously carried. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the recycling containers located by Super America and suggested they be painted. (e) COMMUNICATIONS FROM CONSULTANT ENGINEER MARLOW V. PRIEBE Engineer Priebe commented on state -aid funded projects and requested that the Bluff Street project be included in the construction projects for funding. Alderman Mikulecky moved to approve and waive reading and adopt Resolu- tion No. 9078. Motion seconded by Alderman Mlinar and unanimously car- ried. It was reported that an informational meeting on the sprinkling program was held this afternoon with property owners/tenants, and 10 people were in attendance. Two evening meetings will be held on September 27 and 28 at Peter's Restaurant. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated that he, the City Engineer and Maintenance Opera- tions Supervisor had met with the State District Engineer regarding the intersection of South Grade Road and Lynn Road. They were told this would be included as a 1990 State project. Mention was made of the need for pedestrian crosswalks at the inter- sections of Main Street and First Avenue S.E./S.W. and Main Street and First Avenue N.E./N.W. Also, it was suggested that amber flashing lights be installed at the three pedestrian crossings along Main Street and First Avenue A.E., First Avenue S.E. and Third Avenue S.E. The street lights along Highway 7 West would start at Main Street and con- tinue to California Street. Mayor Ackland commented that he had looked at the Hwy. 22 South road- bed and thought it could be raised some inasmuch as it was low. An inquiry was made about the Celebrate 1990 project and the sidewalk/ trail maintenance during the winter months. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 7 CITY COUNCIL MINUTES - SEPTEMBER 26, 1989 The motion was made by Alderman Mlinar, seconded by Alderman Torgersou and unanimously carried, to approve and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:25 P.M. E:1