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09-22-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 22, 1992 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, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson (7:55 P.M.). 2. INVOCATION The invocation was given by the Reverend Thor Skeie. PRESENTATION: 011i -Matti Suominen, exchange student from Finland, presented Mayor Ackland and the Council members with a book and a letter from the Mayor of his hometown, Hameenlinna, Finland. 3. MINUTES The minutes of the regular meeting of September 8, 1992, bid openings of September 11, 1992 and September 14, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - AUGUST 1992 2. SENIOR ADVISORY BOARD MINUTES OF SEPTEMBER 10, 1992 3. PLANNING COMMISSION MINUTES OF AUGUST 18, 1992 (b) REPORT OF CITY INVESTMENTS The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to order the reports and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF ACCESS TO COAST TO COAST STORE BUILDING Al Kramer, owner of Coast to Coast Store, reported Erick - son's was requesting payment from him of $1,300 plus a CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 maintenance fee to surface the vacated alley behind his store. Otherwise, Erickson's proposed to install a con- crete divider between the two lots. Following discussion, it was decided the City would send a letter to Erickson's expressing its concern of two driveways coming into one area. (b) CONSIDERATION OF REQUEST AND CORRESPONDENCE FROM MAINSTREET ASSOCIATION REGARDING A SPECIAL SERVICE DISTRICT Following discussion, it was the consensus of the Council to hold a public hearing regarding a special service dis- trict prior to adoption of an ordinance. (c) CONSIDERATION OF REQUEST FROM CROW RIVER ARTS GUILD FOR ADDITIONAL ALLOCATIONS FROM CITY Director Bernard Schulte reported the Arts Guild was ex- periencing financial difficulties. He suggested some alternative courses of action which included joint use of city -owned facilities. Following discussion, Councilman Mlinar moved to appoint an ad hoc committee to study the joint -use concept. Motion seconded by Councilman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92-67 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, CHANGING THE BOUNDARIES OF ELECTION PRECINCTS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive second reading and adopt. (b) RESOLUTION NO. 9801 - RESOLUTION FOR PURCHASE The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9802 - RESOLUTION CHANGING HUTCHINSON PLANNING COMMISSION MEETING TIME 2 CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (d) RESOLUTION NO. 9816 - RESOLUTION ADOPTING ASSESSMENT ROLLS AND CERTIFYING UNPAID BILLS The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9817 - A RESOLUTION AMENDING RESOLUTION NO. 9593, PERSONNEL POLICY DATED NOVEMBER 12, 1991 The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9815 - RESOLUTION ADOPTING GENERAL RECORDS RETENTION SCHEDULE The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DUMPSTER LOCATION FOR 101 PARK PLACE (DEFERRED SEPTEMBER 8, 1992) Following discussion, the motion was made by Councilman Mlinar to defer. Motion seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF MAC'S BLUFF ASSESSMENT AGREEMENT WITH HRA/GARY HASSE (DEFERRED SEPTEMBER 8, 1992) Following discussion, Councilman Torgerson moved to table. Motion seconded by Councilman Mlinar and unani- mously carried. (c) CONSIDERATION OF HEALTH AND DENTAL INSURANCE RENEWALS (DEFERRED SEPTEMBER 8, 1992) Following discussion, Councilman Torgerson moved to approve the insurance renewals effective January 1, 1993. Motion seconded by Councilman Mlinar and unanimously car- ried. 3 CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 (d) CONSIDERATION OF NEW PETRO FUND REIMBURSEMENT APPLICATION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Councilman Torgerson moved to auth- orize discontinuation of service at noon on September 28 unless other arrangements had been made. Motion seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF REQUEST BY AAGARD WEST REGARDING CHANGES IN DESIGNATED DAY FOR REFUSE PICKUP Following discussion, Councilman Torgerson moved to approve the changes to be effective November 1, 1992. Motion seconded by Councilman Mlinar and unanimously car- ried. (c) CONSIDERATION OF INTERIM REFUSE HAULING AGREEMENT FOR MONTH OF OCTOBER WITH AAGARD WEST Administrator Plotz reported on negotiations with refuse haulers Witte Sanitation and Aagard West. Aagard's charge will be $15.75 for October. However, the City will not make any rate adjustment for only one month. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve and enter into contract with Aagard. (d) DISCUSSION OF NPDES PERMITS AT AIRPORT, STREET GARAGE AND WASTEWATER FACILITY Engineer Rodeberg reported a new federal mandate required a permit application by October which may limit future use. (e) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 278 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 6, PROJECT NO. 92-10 (CENTURY AVENUE) Following discussion, Councilman Torgerson moved to approve preparation of Roll No. 278, to hold a public hearing at 8:00 P.M. on October 13, 1992, and to waive 4 CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 readings and adopt Resolutions No. 9803 and No. 9804. Motion seconded by Councilman Erickson and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 281 AND ACCEPTING WAIVER OF HEARINGS FOR LETTING NO. 13, PROJECT NO. 92-19 (HASSE HILLS FIRST ADDITION) Following discussion, Councilman Torgerson moved to approve and accept Roll No. 281, to waive hearings, and to waive readings and adopt Resolutions No. 9805 and No. 9806. Motion seconded by Councilman Lenz and unanimously carried. (g) CONSIDERATION OF ADOPTING ASSESSMENT ROLL NO. 281 AND AWARDING CONTRACT FOR LETTING NO. 13, PROJECT NO. 92-19 (HASSE HILLS FIRST ADDITION) Following discussion, Councilman Lenz moved to approve and adopt Roll No. 281, to award contract to Juul Con- tracting Company for $146,641.92, and to waive readings and adopt Resolutions No. 9807 and No. 9808. Motion sec- onded by Councilman Torgerson and unanimously carried. (h) DISCUSSION OF AIRPORT APPRAISAL Engineer Rodeberg reported the appraisals for acquisition of property required for the airport improvement con- struction had been completed. He requested an appraisal by Dave Lorence, at a cost not to exceed $350, of the remaining property south of CSAH 8 which belongs to the Fair Association. This parcel was an uneconomic remnant. Following discussion, Councilman Lenz moved to approve the appraisal. Motion seconded by Councilman Torgerson and unanimously carried. (i) DISCUSSION OF FRANKLIN AVENUE PARKING REQUESTED BY HUTCHINSON TELEPHONE COMPANY During discussion it was pointed out that Second Avenue had been vacated on the alley side. Both Marquette Bank and Richard Smith need to be notified that the City will not be removing snow in this area. No action was taken. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCHINSON MANUFACTURING, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 5 CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 Following discussion, Councilman Mlinar moved to approve the permit and to waive reading and adopt Resolution No. 9798. Motion seconded by Councilman Lenz and unanimously carried. (k) CONSIDERATION OF VACATION OF UTILITY EASEMENT IN CASA ADDITION REQUESTED BY BARRY BARTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve the vacation, to waive the first reading of Ordinance No. 92-68, and to set second reading for October 13, 1992. Motion seconded by Councilman Erickson and unanimously carried. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve the permit, to waive reading and adopt Resolu- tion No. 9799. Motion seconded by Councilman Lenz and unanimously carried. (m) CONSIDERATION OF VARIANCE REQUESTED BY PETER HOEGER FOR NON -CONFORMING DRIVEWAY AND CONSTRUCTION OF GARAGE WITH FAVORABLE/UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve the driveway variance as recommended by the Planning Commission and to waive reading and adopt Resolution No. 9818. Motion seconded by Councilman Erickson and unani- mously carried. Councilman Lenz moved to approve rejecting the garage variance as recommended by the Planning Commission. Mo- tion seconded by Councilman Mlinar and unanimously car- ried. (n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEANETTE HARRIS TO MOVE 1972 MOBILE HOME TO MCDONALD'S TRAILER COURT WITH FAVORABLRE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve the permit, with the stipulation that the requirements of the Life Safety Code be met, and to waive reading and adopt Resolution No. 9800. Motion seconded P, CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 by Councilman Mlinar and unanimously carried. (o) CONSIDERATION OF FINAL PLAT OF SIOUX HILLS NO. 2 SUBMITTED BY SKIP QUADE (TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer the final plat to the County with the two stipulations that certified installers and inspectors review the septic systems and a subdivision agreement be recorded with the plat. Motion seconded by Councilman Lenz and unanimously carried. (p) CONSIDERATION OF SKETCH PLAN SUBMITTED BY MICHAEL ROSE (TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to refer to the County with stipulations recommended by Planning Commission. Motion seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF PRELIMINARY PLAT OF HUEBERT'S SUBDIVISION SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS-- ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to refer to the County with recommendations of Planning Commission. Motion seconded by Councilman Mlinar and unanimously car- ried. (r) CONSIDERATION OF PRELIMINARY PLAT OF HUEBERT'S SECOND SUBDIVISION SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS-- ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to refer to the County with recommendations of Planning Commis- sion. Motion seconded by Councilman Lenz and unanimously carried. (s) CONSIDERATION OF ANNEXATION PROCEEDINGS REQUESTED BY HUTCHINSON TECHNOLOGY, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION During discussion it was suggested Mick Wigen's property should also be annexed since it is surrounded on three sides by the City. 7 CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 Councilman Erickson moved to approve and refer the annex- ation request to the Minnesota Municipal Board. Motion seconded by Councilman Mlinar and unanimously carried. (t) CONSIDERATION OF CONDITIONAL USE PERMIT FOR FEED LOT REQUESTED BY KURT REINER (TWO MILE RADIUS--HUTCHINSON TOWNSHIP) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to refer to County with unfavorable recommendation since the prop- erty was not large enough to support a feed lot. Motion seconded by Councilman Mlinar and unanimously carried. (u) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 279, WAIVING HEARING AND ADOPTING ROLL FOR LETTING NO. 9, PROJECT NO. 92-14 Following discussion, Councilman Torgerson moved to approve and adopt Roll No. 279, to waive hearing, and to waive readings and adopt Resolutions No. 9809, No. 9810, and No. 9811. Motion seconded by Councilman Mlinar and unanimously carried. (v) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 280, WAIVING HEARING AND ADOPTING ROLL FOR LETTING NO. 12, PROJECT NO. 92-18 Following discussion, Councilman Lenz moved to approve and adopt Roll No. 280, to waive hearing, and to waive readings and adopt Resolutions No. 9812, No. 9813 and No. 9814. Motion seconded by Councilman Torgerson and unani- mously carried. (w) CONSIDERATION OF SIGN POLICY TO INSTALL "NO PARKING" SIGNS Following discussion, Councilman Mlinar moved to approve. Motion seconded by Councilman Lenz and unanimously car- ried. (x) CONSIDERATION OF RELEASE OF COLLATERAL FOR HUTCHINSON TECHNOLOGY BONDS Following discussion, Councilman Erickson moved to approve release. Motion seconded by Councilman Mlinar and unanimously carried. CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 (y) CONSIDERATION OF CONTRACTUAL AGREEMENT BETWEEN CITY OF HUTCHINSON AND AAGARD WEST FOR RESIDENTIAL REFUSE SERVICE During discussion it was determined the City would desig- nate the pickup location for refuse. Councilman Torgerson moved to approve and enter into a three year contract with Aagard West, including the Mayor's recommended amendment, to be effective November 1, 1992. Motion seconded by Councilman Lenz and unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported landfill proposals were opened today, and it was his recommendation to award a three year contract to McLeod County Landfill. Councilman Mlinar moved to enter into a three year con- tract with McLeod County Landfill. Motion seconded and unanimously carried. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on the City of Fairfax with- drawing from the Pioneerland Library System. Discussion followed concerning whether or not a city had to belong to a regional system. It was recommended to have the County do research on the library system issue. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar stated he would like a copy of minutes from the long-range planning meeting held this morning. He also reported on a conversation with Jay Freedland re- garding purchase of property in the location of the farm- ers elevator to relocate his salvage business. (d) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson inquired about the water/sewer delin- quent bills. He stated one property was sold so the former owner was listed on the delinquent list, but the present owner would have the water shut off. 0 CITY COUNCIL MINUTES - SEPTEMBER 22, 1992 (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported on a drainage problem between two adjoining lots on California Street. The affected parties have reached an agreement which will require the City to consent to the hookup of a sump pump discharge pipe to the storm sewer located adjacent to the Koelln residence. Since this is an invasion of the storm sewer on a line, City Council consent is required. Councilman Torgerson moved to permit the hookup of a sump pump discharge pipe to the storm sewer on California Street if the appropriate agreement was entered into and to waive reading and adopt Resolution No. 9819. Motion seconded by Councilman Lenz and unanimously carried. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated the signal lights on Main Street were being installed, and the street light painting would begin on September 27. He also commented there was an error on the pedestrian bridge. The DNR required an additional 20 feet which would be a $8-10,000 additional cost. (g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland referred to a letter from the Hospital/ Nursing Home Board requesting a reduction in the number of members from nine to seven. He directed the City Attorney to prepare an ordinance to amend the present ordinance. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. 10