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06-26-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The following were present: Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Mayor Robert H. Stearns. Absent: Alderman Mike Carls. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Gary Brooks. 3. MINUTES The minutes of the Board of Review of June 5, 1984 and regular meeting of June 11, 1984 were approved as presented. PRESENTATION Mayor Stearns presented Karine Rimbert, an A.F.S. student from France, with a Resolution and the City's Coat of Arms plaque. He also wished her well as she returns to her homeland. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to waive read- ing and adopt Resolution No. 7797. Motion unanimously passed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1984 2. PLANNING COMMISSION MINUTES DATED MAY 15, 1984 3. LIBRARY BOARD MINUTES DATED JUNE 20, 1984 There being no discussion, the report and minutes were ordered by the Mayor to be received for filing. (b) CONSIDERATION OF APPOINTMENT OF DR. W. G. MISKOFF TO POLICE CIVIL SERVICE COMMISSION The motion was made by Alderman Torgerson to ratify the appointment of Dr. W. G. Miskoff. Motion seconded by Alderman Mikulecky and carried unanimously. A If COUNCIL MINUTES JUNE 26, 1984 5. PUBLIC HEARING - 8:00 P.M. (a) ITEM WITHDRAWN (b) SALE OF TV FRANCHISE AND EXTENSION OF CABLE TV FRANCHISE Mayor Stearns called the public hearing to order at 8:00 P.M. Mr. Bill Mickelson, president of Mickelson Media, Inc., commented on the purchase of the Hutchinson cable TV system in 1980 from North American Communications Corp. and its growth in the past four years. The Mickel- son Media company is selling its Minnesota systems and shifting its serv- ices to the southwest area. He reported two companies were interested in purchasing the local cable TV system, namely, Dowden out of Atlanta, Georgia and North American Communications Corp. (C.S.I.) of Hector, Min- nesota. It was his recommendation to approve the sale to C.S.I. to honor the right of first refusal agreement between the two companies. Mr. Hubertus Sarrazin, Executive Vice President of North American Cable Systems, made reference to his letter dated June 22, 1984 and reviewed the proposed terms contained therein. He pointed out the company was re- questing a five year extension of the franchise from the current June 1989 expiration date to June 1994. Mr. Larry Aldridge, Director of Corporate Development for Dowden Communi- cations, Inc. or Dow -Sat of Minnesota, Inc., stated his company was also an applicant for purchase of the cable TV franchise. At present his com- pany has 29 franchises in the State of Minnesota. He summarized the back- ground of events leading up to their offer of purchase. He pointed out that the franchise and ordinance were granted by the City of Hutchinson, and the City Council would make the final decision on the sale. There- fore, he thought it unusual that the previous owner had a private agree- ment with the purchaser, which the City was not aware of.until recently. Dowden was also requesting a five year extension of the franchise for a total of 10 years. In closing, Mr. Aldridge made reference to a national coverage advertisement which had been run by C.S.I. regarding the -sale of the Hutchinson franchise. Mr. Robert Tennessen, attorney for Dowden, presented his legal opinion re- garding the right of first refusal on the sale of a franchise. He referred to Section 22 of the City Ordinance regarding transfer of the franchise and stated that secret agreements regarding public cable franchises were not favored in the law. The Minnesota Cable Communications Act and the Rules of the Department favor full disclosure of terms and conditions which af- fect the public interest. It was his opinion that the contractual agree- ment was unenforceable. C.S.I. President, Curt Sampson, stated that Dowden and C.S.I. are two com- panies that will deliver what they promise. Since his company had the -2- COUNCIL MINUTES JUNE 26, 1984 right of first refusal, C.S.I. decided to wait until someone else had established a price before determining if they were interested in the franchise. It was their position that the agreement was legitimate. The franchise was sold to Mickelson Media in 1980 due to some public relations problems, which the current owner had also encountered with easements. How- ever, C.S.I. was interested in the Hutchinson cable TV system and wanted to return to the community. City Administrator Plotz commented that the City was not aware of the right of first refusal agreement at the time of the franchise sale in 1980; however, the former cable TV manager, Greg Curry, had informed him of it subsequent to the proposed sale. The motion was made by Alderman Mlinar to close the hearing at 9:13 P.M. Alderman Torgerson seconded the motion, and it unanimously carried. Following discussion, Alderman Mlinar moved to defer this item until the July 10, 1984 City Council meeting. Motion seconded by Alderman Torger- son and unanimously approved. (c) ASSESSMENT ROLL NO. 190 - LIPKE ADDITION (CONTINUED HEARING FROM FEBRUARY 14, 1984) Mayor Stearns called the continued hearing to order. City Engineer Priebe reported that when the subdivision agreement for the Lipke Addition plat was prepared, the costs were included in it. The de- ferred assessments were being updated. No one had been present for the February 14, 1984 public hearing. Alderman Torgerson moved to close the hearing at 9:15 P.M. Alderman Mlinar seconded the motion, and it passed unanimously. It was moved by Alderman Torgerson to approve assessment roll No. 190 and to waive reading and adopt Resolution No. 7798. The motion was seconded by Alderman Mlinar. After discussion, the motion was amended by Alderman Torgerson to adjust the interest on the trunk storm sewer assessment ac- cording to the new policy regarding deferred assessments. Alderman Miku- lecky seconded the amendment, and it unanimously carried. The motion was approved unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR FIRE MARSHALL TO ATTEND FIRE INSTRUCTORS PLANNING MEETING ON JULY 7, 1984 After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Mikulecky, to approve the Fire Marshall attending the planning meet- ing. Motion passed unanimously. -3- COUNCIL MINUTES JUNE 26, 1984 (b) UPDATE REPORT ON NEW LIBRARY ADDITION BY JOHN KORNGIEBEL Mr. John Horrock informed the Council that the Library Board had met and approved the proposed final design concept for the library addition. Architect John Korngiebel reported the Library Square would remain intact to preserve the historic facade. The addition will be to the east of the existing building, with the main entrance at ground level on Hassan Street. The interior of the old part will be renovated. Alderman Torgerson moved to authorize a public hearing for the vacation of easement of Library Square. Motion seconded by Alderman Mlinar and unanimously approved. (c) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND COMPUTER SYMPOSIUM JULY 24-26, 1984 The motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the computer symposium. Motion passed unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7778 - RESOLUTION FOR PURCHASE It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 7778. Motion carried unanimously. (b) ORDINANCE NO. 8/84 - AN ORDINANCE AMENDING SECTION 800:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "CONDITIONS OF LICENSES" Following discussion, it was moved by Alderman Mikulecky to waive the second reading and adopt Ordinance No. 686. Alderman Torgerson seconded the motion, and it unanimously passed. (c) ORDINANCE NO. 9/84 - AN ORDINANCE AMENDING SECTION 806:35 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "CONDITIONS OF LICENSE" After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to waive the second reading and adopt Ordinance No. 687. Motion approved unanimously. (d) ORDINANCE NO. 10/84 - AN ORDINANCE AMENDING SECTION 710 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "TRAFFIC, LOCAL REGULATIONS" It was moved by Alderman Mikulecky to waive the second reading and adopt Ordinance No. 688. The motion was seconded by Alderman Mlinar and unani- mously carried. -4- COUNCIL MINUTES JUNE 26, 1984 (e) ORDINANCE NO. 11/84 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS LOT 7, BLOCK 1, WALLER'S SUB- DIVISION (SOUTHERLY PARCEL) Following discussion, Alderman Torgerson moved to waive the second read- ing and adopt Ordinance No. 689. Motion seconded by Alderman Mlinar and passed unanimously. (f) ORDINANCE NO. 12/84 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS LOT 7, BLOCK 1, WALLER'S SUB- DIVISION (CENTER PARCEL) It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to waive second reading and adopt Ordinance No. 690. Motion unanimously approved. (g) ORDINANCE NO. 13/84 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS LOT 7, BLOCK 1, WALLER'S SUB- DIVISION (NORTHERLY PARCEL) After discussion, the motion was made by Alderman Mikulecky to waive the second reading and adopt Ordinance No. 691. Motion seconded by Alderman Torgerson and carried unanimously. (h) ORDINANCE NO. 14/84 - ORDINANCE AMENDING SECTION 710:10 OF 1974 ORDINANCE CODE OF CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 18 THERETO RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Alderman Mlinar made the motion to waive second reading and adopt Ordi- nance No. 692. The motion was seconded by Alderman Torgerson and unani- mously passed. (i) RESOLUTION NO. 7779 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7779. Motion adopted unanimously. (j) RESOLUTION NO. 7780 - RESOLUTION TO AMEND WORDING IN RESOLUTION NO. 7765 FOR QUESTION ON RECREATIONAL FACILITY/SWIMMING POOL BOND ISSUE Following discussion, the motion was made by Alderman Mlinar to waive read- ing and adopt Resolution No. 7780. Motion seconded by Alderman Torgerson and unanimously carried. (k) RESOLUTION NO. 7788 - NO. 7796 - RESOLUTIONS OF APPRECIATION TO JOINT AIRPORT ZONING BOARD Alderman Mlinar moved to waive readings and adopt Resolutions No. 7788 through No. 7796. Alderman Torgerson seconded the motion, and it passed unanimously. -5- COUNCIL MINUTES JUNE 26, 1984 8. UNFINISHED BUSINESS (a) CONSIDERATION OF COMMERCIAL AND RESIDENTIAL REFUSE RATES FOR JUNKER SANITATION (DEFERRED JUNE 11, 1984) Records of Junker's landfill charges for the past two years were obtained from the County, and they showed that landfill use only equaled one-half a yard per household. Discussion was given to the amount of garbage dumped at the landfill and the actual cost per yard. Alderman Mikulecky moved, that based on the landfill increase of 60p, per yard, to approve a 60t per month residential refuse rate increase for Dun- ker Sanitation. Motion seconded by Alderman Mlinar. The motion failed, with Alderman Mikulecky voting aye and Aldermen Torgerson and Mlinar and Mayor Stearns voting nay. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve a 75cl per month increase for residential refuse service. Motion carried, with Aldermen Mlinar and Torgerson and Mayor Stearns voting aye and Alderman Mikulecky voting nay. It was moved by Alderman Mlinar to approve a 50� per month refuse rate in- crease per commercial container. Motion seconded by Alderman Mikulecky and unanimously carried. City Attorney Schaefer stated the City wanted to be sure the billings for mobile home parks were treated equally and to establish a rate for said trailer courts. Discussion followed, with no action taken at this time. City staff was directed to prepare a recommendation on billing for mobile home parks. (b) PRESENTATION ON SPRINKLER SYSTEMS BY FIRE MARSHALL (DEFERRED JUNE 11, 1984) Fire Marshall George Field made a presentation on the proposed sprinkler systems in the downtown area. He suggested holding an informational meet- ing with the downtown business people at some future date. No action was taken on the plan. (c) CONSIDERATION OF AWARDING BID FOR PROJECT 84-01, PART II (HILLTOP ADDN.) (DEFERRED FEBRUARY 28, 1984) City Engineer Priebe reported that two bids were received on February 28, 1984 for project No. 84-01, Part II. It was his recommendation to award the bid to the low bidder, Buffalo Bituminous in the amount of $20,970. Following discussion, Alderman Torgerson moved to approve and award the bid to Buffalo Bituminous, low bidder, and to waive reading and adopt Reso- lution No. 7768. Motion seconded by Alderman Mlinar and unanimously passed. (It was noted that Alderman Mikulecky no longer owns property in Hilltop Addition, and therefore, had no conflict of interest in voting on the bid.) im COUNCIL MINUTES JUNE 26, 1984 (d) CONSIDERATION OF DRAINAGE DITCH LOCATED ON WEST SIDE OF AIRPORT (DEFERRED JUNE 28, 1983) It was reported there had been a meeting with the affected property owners around the airport. Prior to the drainage ditch being cleaned out, a form must be submitted to the DNR for approval. City Engineer Priebe will re- view the matter with the property owners in the area. (e) REPORT ON ENFORCEMENT OF OFF-STREET PARKING LOT TIME LIMITS BY.POLICE CHIEF (DEFERRED JUNE 11, 1984) The Police Chief submitted a written report stating that the off-street parking lots were being patrolled and the three hour parking time limits enforced. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. Upon motion by Alderman Torgerson, seconded by Alderman Mlinar, it was moved to authorize discontinuation of service on July 2, 1984 unless other arrangements were made. Motion carried unanimously. (b) CONSIDERATION OF "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR LION'S CLUB ON JULY 21-22, 1984 Following discussion, it was moved by Alderman Mlinar to approve and issue the non -intoxicating malt liquor license. Motion seconded by Alderman Mikulecky and approved unanimously. (c) CONSIDERATION OF TRAFFIC CONTROL SIGNAL AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR T.H. 15 AND SOUTH GRADE ROAD The Minnesota Department of Transportation submitted to the City an agree- ment covering the cost, maintenance and operation of a temporary traffic control signal on T.H. 15 at South Grade Road. The State has scheduled a contract letting in 1986 for said location. After discussion, Alderman Torgerson moved to approve and authorize sign- ing the agreement with the State of Minnesota and to waive reading and adopt Resolution No. 7777. The motion was seconded by Alderman Mikulecky and unanimously passed. (d) CONSIDERATION OF PROJECT 84-08 BY ORDERING ENGINEER'S REPORT, RECEIVING REPORT AND SETTING HEARING DATE -7- COUNCIL MINUTES JUNE 26, 1984 City Engineer Priebe reported that an improvement of storm sewer and ap- purtenances was proposed for Block 5, Stoney Point Addition located be- tween Stoney Point Road and Boulder Street, at an estimated cost of $7,620. It was his recommendation to hold a public hearing on July 10, 1984 at 8:00 P.M. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to accept the engineer's report, set the hearing for July 10, 1984 at 8:00 P.M., and to waive readings and adopt Resolutions No. 7769 and No. 7770. Motion unanimously carried. (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 84-04, FIRST AVENUE NORTHEAST (SANITARY SEWER) AND ORDERING ADVERTISEMENT FOR BIDS City Engineer Priebe presented the plans and specifications for the im- provement of First Avenue Northeast from Hassan Street West to the alley by the construction of sanitary sewer main, sewer and water service leads and appurtenances. It was his recommendation to advertise for bids to be received on July 20, 1984 at 2:00 P.M. After discussion, it was moved by Alderman Mikulecky to approve the plans and specifications and to call for bids on July 20, 1984 at 2:00 P.M., and further to waive reading and adopt Resolution No. 7771. Alderman Mlinar seconded the motion, and it passed unanimously. (f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 84-05, FRANKLIN STREET (STREET IMPROVEMENT) AND ORDERING ADVERTISEMENT FOR BIDS Plans and specifications were presented by the City Engineer for the im- provement of Franklin Street from Second Avenue Southwest to First Avenue Southwest by the construction of grading, gravel base, bituminous base, bituminous wear course, curb and gutter and appurtenances. The recommenda- tion was to advertise for bids to be received July 20, 1984 at 2:00 P.M. Following discussion, Alderman Torgerson moved to approve the plans and specifications and to call for bids on July 20, 1984 at 2:00 P.M., and to waive reading and adopt Resolution No. 7772. Motion seconded by Alderman Mikulecky and unanimously approved. (g) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 84-06, LYNDALE AVENUE (STREET OVERLAY) AND ORDERING ADVERTISEMENT FOR BIDS It was reported that project 84-06 was not included in the improvement bond for 1984. City Engineer Priebe recommended including this project in the 1985 improvements. After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to reject project No. 84-06. Motion carried unani- mously. nani- mously. COUNCIL MINUTES NNE 26, 1984 (h) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 84-07, SCHOOL ROAD NORTH, HELLAND'S FIFTH ADDITION, AND ORDERING ADVERTISEMENT FOR BIDS City Engineer Priebe requested approval of the plans and specifications for the improvement of School Road from Seventh Avenue to the north line of the plat by the construction of sanitary sewer, watermain, storm sewer, gravel base and appurtenances. It was recommended to advertise for bids to be received on July 20, 1984 at 2:00 P.M. Following discussion, it was moved by Alderman Torgerson to approve the plans and specifications, to call for bids on July 20, 1984 at 2:00 P.M., and to waive reading and adopt Resolution No. 7774. The motion was sec- onded by Alderman Mlinar and unanimously passed. (i) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR PLOWMAN OFF-STREET PARKING LOT AND ORDERING ADVERTISEMENT FOR BIDS After discussion, the motion was made by Alderman Mlinar to defer this item until the July 10 Council meeting. Alderman Torgerson seconded the motion, and it carried unanimously. (j) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR WIGEN OFF-STREET PARKING LOT AND ORDERING ADVERTISEMENT FOR BIDS Following discussion, Alderman Mlinar moved to defer this item until the July 10 Council meeting. The motion was seconded by Alderman Torgerson and approved unanimously. (k) CONSIDERATION OF DEVELOPING LOTS AT SOUTH END OF CARLISLE STREET Mr. John Keith requested approval from the City Council to develop lots at the south end of Carlisle Street, which is presently a dead end. Dur- ing discussion, it was pointed out that the City would require a right-of- way to the proposed cul de sac and an easement to the affected tile line. City Engineer Priebe stated the charge back on the the would require a public hearing, while the cul de sac would be assessed to the property owner. It was moved by Alderman Mlinar to approve the sale of the property on Carlisle Street, contingent upon the City obtaining the right-of-way for the cul de sac and an easement for the re-routed tile line, with the pos- sibility of proceeding if all property owners were in agreement. Motion seconded by Alderman Torgerson and passed unanimously. COUNCIL MINUTES JUNE 26, 1984 (1) CONSIDERATION OF STORM SEWER AND INSTALLATION OF MAN HOLE ON GLEN STREET AT ELEMENTARY SCHOOL Independent School District No. 423 requested that the storm sewer located at the intersection of Glen Street and First Avenue South (east of the elementary school) be extended south approximately 220 feet. This would help solve a water problem at the elementary building. After discussion, the motion was made by Alderman Mlinar to direct the City Engineer to prepare plans and specifications for the storm sewer ex- tension on Glen Street for consideration at the July 10 City Council meet- ing. Alderman Torgerson seconded the motion, and it unanimously carried. (m) DISCUSSION OF PROPOSED BURLINGTON NORTHERN RAILROAD ABANDONMENT TO CITY OF HUTCHINSON Mr. Ray Zimmerman, president of the Central Prairie Railway Association, stated the Hutchinson -Wayzata railroad line had been put back on the map for possible abandonment by Burlington Northern. Although DOT had done a survey and determined the line to be viable and profitable, Burlington Northern did not believe it to be profitable enough to rehabilitate. Con- cern was expressed that the City needed a railroad service. Mr. Ancher Nelson reported on a meeting he attended with Burlington North- ern representatives present. The railroad felt no obligation to maintain service north of the river. He pointed out the elevator site was chosen upon advice from the Burlington Northern. City Engineer Priebe commented that he had on file a letter dated June 8, 1975 in which he requested a track to the north•of Hutchinson. (n) CONSIDERATION OF TWO YEAR CONTRACT WITH INDEPENDENT SCHOOL DISTRICT NO. 423 FOR RENTAL OF CIVIC ARENA City Administrator Plotz reported the new contract with the School District for rental of the Civic Arena would include a five percent increase the first year of the previous $10,575 contract, and an additional five per- cent increase the second year. Following discussion, it was moved by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the contract. Motion approved unanimously. (o) CONSIDERATION OF DATA COMMUNICATION UPGRADE WITH LOGIS Finance Director Ken Merrill explained the need for an additional terminal at City Hall. The estimated cost of the multiplexor system would be $12,500, with the money to come from the water/sewer fund. -10- COUNCIL MINUTES JUNE 26, 1984 After discussion, Alderman Mlinar moved to approve and authorize the purchase of the system. Motion seconded by Alderman Torgerson and car- ried unanimously. (p) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY RICHARD WAGNER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Richard Wagner requested a conditional use permit to allow moving a utility shed onto his property. It was the recommendation of the Plan- ning Commission to approve the request. Following discussion, it was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to approve and waive reading and adopt Resolution No. 7781. Motion passed unanimously. (q) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY HARTLEY AND BARBARA ROSEBROCK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. and Mrs. Hartley Rosebrock submitted an application for a variance to allow construction of a garage three feet from the sideyard line of their property. The Planning Commission granted favorable approval to the request. After discussion, the motion was made by Alderman Torgerson to approve and waive reading and adopt Resolution No. 7782. Motion seconded by Ald- erman Mikulecky and unanimously carried. (r) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY DUANE HAGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Duane Hagen requested a six foot variance to allow the construction of a garage zero feet from the rearyard property line. It was the recom- mendation of the Planning Commission to grant a three foot variance. Following discussion, Alderman Torgerson moved to approve the Planning Commission's recommendation and to waive reading and adopt Resolution No. 7783. Alderman Mlinar seconded the motion, and it was unanimously ap- proved. (s) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY GENE JESERIT2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION An application was submitted by Gene Jeseritz for a one foot variance to allow the construction of an attached garage five feet from the sideyard property line. It was the recommendation of the Planning Commission to approve the request. -11- COUNCIL MINUTES JUNE 26, 1984 After discussion, it was moved by Alderman Mikulecky, seconded by Alder- man Torgerson, that based on the favorable recommendation of the Plan- ning Commission to approve and waive reading and adopt Resolution No. 7784. Motion passed unanimously. (t) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LARAWAY ROOFING, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES Mr. Willis Laraway of Laraway Roofing, Inc. requested a conditional use permit to allow the construction of an office on property located at 291 Third Avenue Northwdst. The Planning Commission approved the request, con- tingent upon sufficient parking being provided according to City require- ments. Following discussion, the motion was made by Alderman Torgerson to approve and adopt Resolution No. 7785 with contingencies. Motion seconded by Ald- erman Mikulecky and unanimously approved. (u) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY LARAWAY ROOFING, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Willis Laraway of Laraway Roofing, Inc. applied for a variance to allow the construction of a 44 foot loading dock on property located at 291 Third Avenue Northwest. The Planning Commission granted favorable approval to the request for a variance. After discussion, Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 7786. Alderman Mikulecky seconded the motion, and it carried unanimously. (v) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY PAUL AND LAURA CLOUSE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES Mr. and Mrs. Paul Clouse made application for a preliminary plat for Clouse Addition. It was the recommendation of the Planning Commission to approve the proposed plat, subject to the parks and playground con- tribution being met and the appropriate subdivision agreement being drawn UP. Following discussion, it was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to approve and waive reading and adopt Resolution No. 7787, with contingencies. Motion unanimously passed. (w) CONSIDERATION OF COUNTY CONDITIONAL USE PERMIT FOR MINNESOTA FUN (TWO-MILE RADIUS) -12- COUNCIL MINUTES JUNE 26, 1984 Minnesota Fun requested a conditional use permit from McLeod County to allow dances at their place of business. The Planning Commission recom- mended approval of the request. It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to ap- prove the request. Motion carried unanimously. (x) CONSIDERATION OF ANNUAL CITY PICNIC The date of August 22 was recommended for the annual City appreciation picnic. After discussion, the motion was made by Alderman Torgerson to approve the date of the picnic. Motion seconded by Alderman Mlinar and unanimously approved. (y) CONSIDERATION OF ESTABLISHING CITY POLICIES City Administrator Plotz reviewed the following City policies: 1. PERSONNEL HIRING POLICY During discussion, Alderman Mikulecky inquired about making it manda- tory for Director management level and above to live within the City limits. This item was deferred to the next Council meeting for a legal opinion from the City Attorney. 2. TAX INCREMENT POLICY After discussion, the motion was made by Alderman Mlinar to approve the Tax Increment Policy. Alderman Torgerson seconded the motion, and it passed unanimously. 3. AGENDA It was suggested that any additional items submitted after the agenda deadline would require approval of the entire City Council for consideration at the Council meeting. Alderman Torgerson moved to approve the Agenda Policy to include the above amendment. Motion seconded by Alderman Mikuldcky and carried unanimously. 4. REFUSE TERMINATION POLICY' Following discussion, it was moved by Alderman Mlinar, seconded by Alderman Torgerson, to approve the policy. Motion unanimously passed. 5. COLLECTION POLICY ON REFUSE AND WATER/SEWER -13- COUNCIL MINUTES .TUNE 26, 1984 The motion was made by Alderman Torgerson to approve the Collection Policy. Alderman Mikulecky seconded the motion, and it unanimously carried. 6. INDUSTRIAL REVENUE BOND (IRB'S) POLICY Discussion was given to the existing Resolution No. 6342 which estab- lished guidelines for industrial and commercial development revenue financing. It was suggested that the guidelines and policy be com- bined. It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to defer this item to the next Council meeting. Motion approved unani- mously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Platz reported the Hutchinson Safety Council had re- viewed the traffic issue on Grove Street during busing hours. The Safety Council adopted the following revised recommendation: "THAT Grove Street be restricted to a 10 mile per hour speed limit with no loading or un- loading of unauthorized vehicles during the hours of 7:30 A.M. to 8:30 A.M. and 2:30 P.M. to 3:30 P.M. Monday through Friday." After discussion, it was moved by Alderman Torgerson to refer the recom- mendation to the Police Chief for review. Motion seconded by Alderman Mlinar and unanimously carried. (b) COMMUNICATION FROM FIRE DEPARTMENT Fire Chief Henke presented a recommendation from the Fire Department on the two bids received June 25 for the purchase of a rescue unit. It was recommended that the bid be awarded to Mid -Central Fire Inc. and 3D Fire Apparatus Inc. in the amount of $64,390. The cost of the unit will be split 50/50 between the City of Hutchinson and the rural account, with the first payment to be made by the townships. Following discussion, Alderman Torgerson made the motion to accept the bid for the rescue unit from the low bidder, Mid -Central Fire/3D Fire Ap- paratus in the amount of $64,390. Alderman Mlinar seconded the motion, and it passed unanimously. (c) COMMUNICATION FROM INSURANCE CONSULTANT Insurance Consultant Dwight Tange reviewed the City's renewal premiums for insurance. He pointed out that insurance rates have gone up and, there- fore, there are some rate increases. It was his recommendation to accept the premium proposals, with a July 1 renewal date. -14- COUNCIL MINUTES JUNE 26, 1984 After discussion, the motion was made by Alderman Mlinar to approve the recommended insurance renewal premiums and for the staff to work with the consultant on the airport and utilities premiums. Motion seconded by Alderman Torgerson and unanimously carried. (d) COMMUNICATION FROM ALDERMAN JOHN MLINAR Alderman Mlinar suggested a Council workshop to discuss the sale of the Hutchinson cable TV franchise. He felt legal issues had been raised at the meeting. City Administrator Plotz reported he had contacted the State Cable Board and was told both companies were reputable. Also, he had met with repre- sentatives from both cable systems and had stated the present weaknesses of the cable system and what the City expected of the new owner. The Council directed Administrator Plotz to survey the cities mentioned for cable TV service. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to ap- prove the claims and authorize payment from the appropriate funds. The motion unanimously approved. 12. ADJOURNMENT There being no further business, the meeting adjourned at 1:10 A.M. -15-