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01-28-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 28, 1992 1. The meeting was called to order at 7:30 P.M. by Vice -President Mlinar. The following were present: Vice -President John Mlinar, Councilmen Craig Lenz, Marlin Torgerson and Don Erick- son. Mayor Paul L. Ackland arrived at 7:50 P.M. Also pres- ent: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Jim Hall. 3. MINUTES The minutes of the regular meeting of January 14, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1991 2. PLANNING COMMISSION MINUTES - DECEMBER 17, 1991 (b) APPOINTMENTS TO SENIOR ADVISORY BOARD 1. CELIA ZIEMER 2. LORETTA PISHNEY 3. MILDRED JENSEN The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to ratify the appointments. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 1, PROJECT NO. 92-01, 92-03 & 92-04 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4337 regarding Letting No. 1. 1. PROJECT NO. 92-01--ROBERTS ROAD Engineer Rodeberg reviewed the project and the pro- posed assessment costs of approximately $150 per parcel. CITY COUNCIL MINUTES - JANUARY 28, 1992 Mr. Ron Carlson, 540 Graham Street, inquired about the assessment on Graham and asked if there would be a sewer going down the middle of Betker's lot. The City Engineer responded affirmatively and stated Roberts Road costs would be mostly covered by state aid funds. It was designated a state aid road because of the high traffic volume. The new street surface should last about 30 years. He commented there were few lots along the stretch, and only seven properties were assessable. The assessment cost for residents would be based on a residential street. The commercial and industrial lots would be assessed a higher rate. The City would try to schedule the project immediately after school ends for summer vacation. Mr. Clinton Gruett, 1114 Roberts Road, objected to the way the streets were assessed. He thought the City should look at a different way of paying for the streets since everyone uses the streets in town. Mr. Gruett suggested the developer pay for the first time, and then the tax payers pay for all the streets in the City. The City could use a bond for street maintenance. He didn't think it was fair that a person had to pay for the street in front of his/her property. Engineer Rodeberg responded the City can not afford to bond for all improvements due to bonding limits. He stated there were other financing methods to consider, but noted that all residents now pay only a portion for the costs to reconstruct streets. Attorney Anderson commented the State forces things on the City because of levy limitations. Mayor Ackland reported that about 25 years ago the special assessments were spread out over the entire City. Then the City Council changed the policy be- cause it was financially unfeasible to continue in that manner. 2. PROJECT NO. 92-03--PRIEBE ADDITION No one was present to be heard on Project No. 92-03. 2 CITY COUNCIL MINUTES - JANUARY 28, 1992 3. PROJECT NO. 92-04--BETKER'S SECOND ADDITION No one was present to be heard on Project No. 92-04. Councilman Mlinar moved to close the hearing at 8:28 P.M. Motion seconded by Councilman Torgerson and unanimously carried. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and order plans and specifications and to waive reading and adopt Resolution No. 9656. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9653 - RESOLUTION TRANSFERRING $23,000 FROM THE GENERAL FUND TO THE YOUTH CENTER SPECIAL REVENUE FUND The motion was made by Councilman Lenz, seconded by Coun- cilman Erickson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9654 - RESOLUTION SUBSTITUTING PLEDGED SECURITIES FOR CITIZENS BANK & TRUST CO. OF HUTCHINSON, MN The motion was made by Councilman Torgerson, seconded by Councilman Lenz, and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MCLEOD COUNTY OFFER TO PURCHASE PROPERTY FROM CITY OF HUTCHINSON (PARCEL 3, PLAT 26, CSAH 8) (DEFERRED JANUARY 14, 1992) Following discussion, Councilman Erickson moved to defer. Motion seconded by Councilman Lenz and unanimously car- ried. (b) DISCUSSION OF PETRO FUND AND AGREEMENT WITH OMAR COLLIS (DEFERRED JANUARY 2, 1992) 3 CITY COUNCIL MINUTES - JANUARY 28, 1992 Following discussion, Council Lenz moved to defer. Motion seconded by Councilman Torgerson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to discon- tinue service on February 3 at noon unless other arrange- ments had been made. (b) DISCUSSION OF SALE OF STOCK OF STAR MIDWEST, INC. Following discussion, Councilman Torgerson moved to defer to a future date. Motion seconded by Councilman Erickson and unanimously carried. (c) CONSIDERATION OF PAY EQUITY REPORT Following discussion, Councilman Erickson moved to ap- prove and implement. Motion seconded by Councilman Lenz and unanimously carried. (d) CONSIDERATION OF POLICY UPDATES FOR POLICE DEPARTMENT Following discussion, Councilman Erickson moved to ap- prove. Motion seconded by Councilman Torgerson and unan- imously carried. (e) CONSIDERATION OF RESCHEDULING FEBRUARY 11, 1992 CITY COUNCIL MEETING It was reported that Governor Arne Carlson would be pre- senting his State of the State Address in Hutchinson on February 11, 1992 at 7:00 P.M. The motion was made by Councilman Erickson to meet on Wednesday, February 12 and seconded by Councilman Torger- son. Following discussion, the motion unanimously failed. The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to hold the meeting on February 13, 1992, starting at 5:30 P.M. with reports from the Directors, and at 7:30 P.M. for the reg- ular City Council meeting. 4 CITY COUNCIL MINUTES - JANUARY 28, 1992 (f) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR ESTABLISHING TAX INCREMENT FINANCING DISTRICT Bond Consultant Bill Fahey explained the modification to Development District No. 4, the amendment of Redevelop- ment Tax Increment District No. 5, and the creation of Tax Increment District No. 6 and its financing plan. Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously car- ried, to set a public hearing for March 10, 1992 at 8:00 P.M. and to waive reading and adopt Resolution No. 9655. (g) DISCUSSION OF FAIR GROUND PROPERTY ANNEXATION Engineer Rodeberg reported on the fair ground property and stated a joint petition from the city and county was necessary for Planning Commission action. No action was taken. (h) CONSIDERATION OF AWAIR SAFETY MANUAL Following discussion, Councilman Torgerson moved to approve the manual. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF LEASE CONDEMNATION FOR LAUNDROMAT LOCATED IN ELKS CLUB BUILDING Administrator Plotz commented on the laundromat business located in the Elks building and the need to authorize lease condemnation if it would become necessary. Following discussion, Councilman Erickson moved to ap- prove authorization for City Attorney to have power to condemn the property if needed. Motion seconded by Coun- cilman Torgerson and unanimously carried. (j) CONSIDERATION OF AUTHORIZING CITY ATTORNEY TO PROVIDE NOTICE FOR WIGEN BUILDING ACQUISITION Following discussion, Councilman Erickson moved to approve authorization. Motion seconded by Councilman Lenz and unanimously carried. (k) CONSIDERATION OF AUTHORIZING CITY ATTORNEY TO PROVIDE NOTICE FOR RAILROAD PROPERTY ACQUISITION 5 CITY COUNCIL MINUTES - JANUARY 28, 1992 Following discussion, Councilman Torgerson moved to ap- prove authorization. Motion seconded by Councilman Mlinar and unanimously carried. (1) CONSIDERATION OF ADVERTISING FOR BIDS FOR PURCHASE OF EQUIPMENT Following discussion, Councilman Lenz moved to approve. Motion seconded by Councilman Torgerson and unanimously carried. (m) CONSIDERATION OF DISPATCH SUPERVISOR POSITION IN POLICE DEPARTMENT Following discussion, Councilman Erickson moved to ap- prove. Motion seconded by Councilman Torgerson and unan- imously carried. (n) CONSIDERATION OF AMENDING TRANSIENT MERCHANT ORDINANCE Following discussion, the motion was made by Councilman Lenz to approve and to waive first reading of Ordinance No. 92-52 and set second reading for February 13, 1992. Motion seconded by Councilman Torgerson and unanimously carried. (o) CONSIDERATION OF ADOPTION OF PROPOSED ZONING ORDINANCE #464 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson to approve and to waive first reading of Ordi- nance No. 92-53 and set second reading for February 13, 1992. Motion seconded by Councilman Lenz and unanimously carried. (p) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE REGARDING PUBLIC SITES AND OPEN SPACES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Building Official and Parks & Recreation Director presented the amended Subdivision Ordinance concerning public sites and open spaces. The City Attorney will prepare an ordinance for the Feb- ruary 13, 1992 meeting. No action taken. (q) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR DANCE STUDIO WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 2 CITY COUNCIL MINUTES - JANUARY 28, 1992 Following discussion, Councilman Erickson moved to ap- prove the permit. The motion was seconded by Councilman Lenz and unanimously carried. (r) DISCUSSION OF OVER -TIME ACCUMULATED FOR POLICE DEPARTMENT EMPLOYEE Police Chief Steve Madson reported a former Police De- partment employee had accumulated over -time in 1990 which totaled $1,000. It was the recommendation of the City Attorney to pay the amount. Following discussion, Councilman Erickson moved to ap- prove payment based on the City Attorney's recommenda- tion. Motion seconded by Councilman Mlinar and unani- mously carried. (s) DISCUSSION OF SHOPKO PROJECT ISSUES Building Official Jim Marka and Andy VandenBush, Shopko consultant with construction company, presented issues regarding the Shopko project, including the number of required parking spaces and the cross easement. Official Marka requested authorization to issue the building per- mit and was advised by the City Attorney that the City needed to resolve the parking issue prior to issuing a building permit. The City Attorney will contact the parties involved. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz called attention to his January News- letter and commented on the Employee Benefit Committee meeting regarding the proposed wellness program and the fifth week of vacation after 20 years of employment. The following joint meetings have been arranged: February 10: 6:30 P.M. -- HCDC Board 7:30 P.M. -- County Commissioners/Officials February 24: 7:00 P.M. -- Four Township Boards Three Hutchinson Commissioners County Officials Mr. Plotz reported the Acquisition Committee will meet on January 29 and suggested they discuss the letter from 7 CITY COUNCIL MINUTES - JANUARY 28, 1992 Frank Barrus regarding downtown redevelopment. The com- committee will make a recommendation to the Council. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on Valeryn McCall's letter re- garding a request for a sidewalk on Echo Drive from Oak- land to Freemont. The City Engineer volunteered to re- view the matter and respond to the letter. Councilman Lenz stated a demolition crew was working on the Stark property. Attorney Anderson reported the Judge had enforced the order. Mr. Lenz inquired about the striping at Hwy. 7, 22 & 15. Engineer Rodeberg reported the stoplight could be in place by October 1, 1992. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on telephone calls received regarding Shopko's bidding process. Mr. Mlinar asked about the $15 fee charged for a final deferred assessment report prior to payment. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson made reference to the letter re- ceived from Mark Gaarder stating he would not be opening a business on Hwy. 7 West. (e) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson reported that HRA had reviewed the property on Washington Avenue and found it to be unsat- isfactory to purchase. (f) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson presented a letter relating to city redistricting and recommended adoption by ordinance. The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive first reading of Ordinance No. 92-51 and to set second reading for February 13, 1992. CITY COUNCIL MINUTES - JANUARY 28, 1992 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 10:20 P.M. 7