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RESOLUTION Powered By Docstoc
					                                 City of Hinckley
                       City Council Minutes November 8, 2006


Pursuant to due call and notice thereof, the regular Hinckley City Council meeting was called to
order on Wednesday, November 8, 2006 at 7:00 p.m. by Mayor Tom Lymburner at 7:00.

Members present included: Mayor Tom Lymburner, Council members: Dave Hopkins, Tim Davis,
Arnie Cekalla, Brian Klar and City Administrator Jim Ausmus. Also present: Mike Creger, Pine
County Commissioner Roger Nelson, Sheriff Mark Mansavage, Deputy Blake Fjorsne, Fire Chief
Dutch Schroeder, Elwyn Tinklenberg, David Christianson, John Arganlo, Ken Beuler, and Brian
Weidendorf.

On motion by Klar, second by Davis the agenda was approved with no changes: Carried.

Minutes of the regular meeting held October 3, 2006 and a special meeting held October 19, 2006
were approved as presented and the reading waived on motion by Hopkins, second by Cekalla.
Carried.

The following Consent Agenda items were approved on motion by Cekalla, second by Hopkins.
Carried.
         A. Accept a $50.00 donation for the Library Building Fund from Trinity Episcopal
            Church.
         B. Approve a Temporary Beer License for American Legion Post #388 for November
            17.

Elwyn Tinklenberg and Dave Chritianson presented the proposed passenger rail line from
Minneapolis to Duluth through the “Bethel corridor ” or possibly called the “Twin Cities
Passenger Rail Line.” They discussed the benefits, needs and impacts to the region. They are
forming a joint powers group to pursue the plan and expect to be back for support of the project in
the future.

Sheriff Mark Mansavage was present to discuss City policing. Some of the items addressed
included the installation of an internet connection at City Hall for Deputy use, County Coordinator
discussing position changes with the union, change to 12 hour shifts, Mobile Date Computers for
the Hinckley Cars, City markings on cars, service reporting and calls to the Casino. On motion by
Cekalla, second by Klar the City will purchase 2 Mobile Data Terminals to be installed in the
Hinckley Cars for an estimated $8,600 each. Carried.

The Planning Commission minutes of October 24, 2006 were reviewed.
The following Findings of Fact was presented for consideration of a minor subdivision.
                                    Findings of Fact
            For City of Hinckley/Koppy Motors Minor Subdivision Application

1. The applicant (City) is the legal owner of the property at 326 Fire Monument Road and has
    entered into agreement to purchase additional property from Koppy Motors at 320 Fire
    Monument Road.
2. The property is zoned GB, General Business District.
3. The subdivision ordinance allows the City to exempt the subdivider from complying with
    certain requirements of the ordinance after submission of a certificate of survey by a
    registered land surveyor, and the resulting property lines will not be in violation of the
    subdivision or zoning ordinances.
4. The two parcels resulting from this minor subdivision will not be in violation of the zoning
    ordinance and will allow for a sixty-six foot right-of-way (ROW) to construct a roadway.
    The ROW will align with Best Avenue to the north and provide for an extension of the
    roadway to the south of Fire Monument Road.
5. Each parcel shall retain the minimum area and frontage requirements.
6. No further subdivision of the property is planned.
7. The subdivision will allow street improvements and utility extensions to serve existing and
    future development in the immediate area.
8. A certificate of survey has been prepared by a Registered Land Surveyor showing the
    existing lot dimensions along with the proposed lot split (see attached survey).
9. The purpose of the subdivision is to create road ROW and, therefore, plating of the property
    shall not be required for the properties providing the ROW area.
10. The proposed subdivision shall be a public improvement and benefit the general public by
    providing access and utilities for future development.
11. The City shall file the subdivision with Pine County within one year of the approval date.

                   RECOMMENDATION TO THE CITY COUNCIL
The recommendation to the City Council, based on currently available information, is as follows:

Recommend that the City Council approve the minor subdivision of the property located at 326 &
320 Fire Monument Road (PID 40.0132.000 & 40.0131.000) based on the above Findings of
Fact, with the condition that the certificate of survey identifying the minor subdivision be
submitted and recorded within one year of the approval date.

Davis moved and Cekalla seconded a motion to approve the minor subdivision as
recommended based on the findings presented. Carried.

The Administrator also advised the Council that a purchase agreement had been signed
for the land purchase from Koppy Motors and a Phase I Environmental on the site was
complete that showed no need to proceed with a Phase II,

Minor Subdivision for Tim Davis was recommended for approval by the Planning
Commission based on the following Findings of Fact.

                                   Findings of Fact For
                         Tim Davis Minor Subdivision Application

    1. Applicant is legal owner of the five- acre property on Carriage Hill Drive (PID
       40-0141.000).
    2. Property is zoned R-1, One Family Dwelling District.
   3. The subdivision ordinance allows the City to exempt the subdivider from
       complying with certain requirements of the ordinance after submission of a
       certificate of survey by a registered land surveyor, and the resulting property lines
       will not be in violation of the subdivision or zoning ordinances.
   4. The property is legally described as follows:     See Attached
   5. The proposed minor subdivision will result in two parcels that meet minimum lot
       regulations of the Subdivision Ordinance. One of the proposed parcels would
       contain a single-family home and the other would contain a storage building.
   6. The proposed lots would not be in violation of the zoning ordinance.
   7. No further subdivision of the property is planned and no public utility extensions
       or roadways are proposed. Soil information has been provided indicating that the
       requirements for an on-site sewer system are met.
   8. The requested lot split will accommodate the existing and proposed use of the
       property as stated in the application.
   9. The proposed lot split will improve access to the site and driveway alignment
       with Carriage Hill Drive as extended through Carriage Hill Estates. Addressing
       will also be updated to better fit with the City addressing system.
   10. The resulting lots are 1.9 acres (parcel A) and 3.11 acres (parcel B). There is no
       clear current policy for minor subdivisions without water and sewer utility
       service. The Planning Commission recommended approval of the proposed
       subdivision at the October 24, 2006 meeting.
   11. It is the responsibility of the applicant to record the subdivision as approved
       within one year of the approval date.
   12. A certificate of survey has been prepared by a Registered Land Surveyor showing
       the existing lot dimensions along with the proposed lot split. A discrepancy is
       identified in the legal description of the property and noted on the survey (sketch
       & description for Tim Davis, dated 10-24-06). This should be addressed prior to
       recording the subdivision with Pine County.

                      RECOMMENDATION TO THE CITY COUNCIL

The recommendation to the City Council, based on currently available information, is
that the City Council approve the minor subdivision request by Tim Davis with the
following conditions:

1. All application and processing fees for this application are paid within 30 days of
   being billed by the City and prior to the subdivision being recorded with Pine County.
2. The applicant address the legal description issues identified by the surveyor in their
   notes on the survey (sketch and description for Tim Davis) dated October 24, 2006
   and submitted with this subdivision application.
3. The applicant record the subdivision with Pine County within one year of the
   approval date of this Minor Subdivision request.
4. No further minor subdivisions shall be granted for the property being subdivided by
   this request.

Hopkins moved and Klar seconded a motion to approve the minor subdivision request by
T. Davis with the conditions recommended in the Findings of Fact, based on the Findings
of Fact and the Planning Commission recommendation. Carried 6-0-1 with Davis
abstaining.

The October 26, 2006 Liquor Commission minutes were presented. A possible bond call
of the 2000 GO Revenue Bond was discussed. On motion by Hopkins, second by
Cekalla the bond will be called on the January 1, 2007 call date. Carried

The October 16, 2006 Park Board minutes were presented. Mayor Lymburner explained the Park
Boards interest in the northern parcel of school property for a parkland purchase. He will be
attending the School Board meeting next week to discuss it with them.

Delinquent Water and Sewer billing was discussed. The Administrator advised the Council that
due to recent collections, the original list approved last month had been reduced to four properties.

The Administrator advised the Council that the City has arrived at a verbal agreement with the
Mille Lacs Band Corporate Commission to lease the site for a new City well. The lease similar to
the lease for Well # 4 and is proposed at $10 per year. When the legal description is complete it
will be submitted for approvals. On motion by Hopkins, second by Cekalla, Plans & Specs are
authorized to be prepared by the City Engineer for the new well (# 5). Carried.

Weber Avenue reconstruction was discussed. The “wear coarse” of the blacktop will be delayed
until the spring of 2007 at an additional cost of $14,070.90 per Council Approved Addendum # 2
of the contact. The Council questioned the need to wait until 2007 to complete this work and who
should be responsible for that cost.

Fire Chief Dutch Schroeder requested authorization to purchase a trailer for the J5 grass fire unit
acquired from the DNR. On motion by Cekalla, second by Davis, the trailer purchase is authorized
at a cost not to exceed $3,000. Carried.

The Council discussed the proposed land sale to Brian Weidendorf or the Old City
Household Waste Site. Council member Klar offered the following resolution and
moved for its adoption:

                        RESOLUTION # 11-2006
               AUTHORIZE THE SALE OF SURPLUS PROPERTY

Whereas the City of Hinckley owns 3 adjoining parcels of land totaling approximately
3.92 acres that was used for a City household waste site between 1936 and 1968,

And Whereas, the City Council has determined that this property is now surplus
property and has no further or future use to the City,

And Whereas, the property was appraised in December of 2005 and determined to have
a value of $50,000,

And Whereas, the City Council has offered the property for sale by bid in 2006 and only
one bid was received for $50,000 from Brian Weidendorf with the condition that the City
provide water and sewer extensions to the site,
And Whereas, City staff determined that the cost to extend City water and sewer service
to the site would cost the City in excess of $150,000,

And Whereas, the City Council wishes to see the property developed and placed on the
tax rolls,

And Whereas, development proposed by Mr. Weidendorf would add significant taxable
property to the City yielding new annual tax revenue to the City, County, and School
District,

Therefore be it resolved that the property known as the “Old City Dump Site” be sold to
Mr. Weidendorf for $1.00 on the condition that the property be developed with the
proposed townhouses within 3 years from the date of transfer of the property to Mr.
Weidendorf, City water and sewer utility extensions shall be installed to serve the site at
the cost of the Developer, be built to City standards for public utility extensions and a
Development Agreement be signed with the developer defining the conditions of the
development.

The above motion was duly seconded by Council Member Hopkins and upon unanimous
vote the Council approved.


Attest:                                                     ________________________
_______________________________                             Mayor Tom Lymburner
Jim Ausmus, Clerk-Administrator


On motion by Hopkins, second by Davis, the City will initiate annexation of the 3.9 acre “Old City
Dump Site” property. Carried.

On motion by Hopkins, second by Cekalla the City staff is directed to develop an ordinance
amendment that limits the length of parking time on certain blocks within the City limits of
Hinckley. Carried.

On motion by Hopkins, second by Cekalla the following bills are approved for payment, Carried:

       General and Special Revenue $167,376.19 & Payroll $22,015.15.
       Dispensary $181,712.11 & Payroll of $15,153.12.
       Weber Avenue pay request # 2 to Jensen Backhoe for $186,569.95

A street light request from Grand Casino for two intersection lights at CR 15 and CSAH
48 was approved on motion by Cekalla, second Hopkins. Carried.

Fire Fighter pay for 4th Qtr 2005 – 3rd Qtr 2006 was approved for payment on motion by
Cekalla, second by Davis. Carried.

A request from Randy Hickle to have Water and Sewer hookup charges for 3 parcels on
Barry Avenue placed on special assessments for ten years at 5% interest was approved on
motion by Davis, second by Klar. Carried.
A Burning Permit request from Larry Edin at Lutheran Memorial Cemetery was
approved on motion by Davis, second by Klar. Carried.

The Council reviewed the request of Grand Casino to hold a Special Election for voter
approval to sell Liquor on Sundays.

Council member Klar offered the following resolution and moved for its adoption:

                      RESOLUTION # 12-2006
     SPECIAL ELECTION FOR GRAND GRILL TEMP SUNDAY ON SALE
                        LIQUOR LICENSE

Whereas, Grand Casino Hinckley currently holds a regular “On Sale” license issued to
Grand Grill Americana and has requested a Special Election regarding the issuance of a
Sunday Liquor License,

And Whereas, Minn Stat. 340A.504, Subd 3(d) states a City may issue a Sunday
intoxicating liquor license only to a restaurant with a seating capacity for at least 30
persons and which holds an on-sale intoxicating liquor license,

And Whereas, State Statute 340A.404 Subd. 10 allows elections only on questions the
Council is authorized by law to submit to voters,

And Whereas, Sunday Liquor is a question requiring voter approval,

And Whereas, the City Council may by a majority vote of a quorum, pass a resolution
calling for a special election,

And Whereas, special elections must be preceded by two weeks publicized notice,

Therefore be it resolved, by the City Council of the City of Hinckley that a special
election be called as soon as practical and as permitted by state law stating: “ Shall a
Special Sunday Liquor License be Granted to Grand Grill Americana for the sale of
intoxicating liquor on Sundays in the City of Hinckley?”

The forgoing resolution was duly seconded by Council member Cekalla and upon
unanimous vote the Mayor declared it adopted.

The City Canvassing Board reviewed the City Election results from the November 8,
2006 general election. Council member Davis made a motion to adopt the following
resolution. Council member Cekalla duly seconded the motion and upon unanimous vote
the Mayor declared it adopted.
                               RESOLUTION 13-2006

               RESOLUTION TO CERTIFY RESULTS OF THE
             TUESDAY, NOVEMBER 7, 2006 GENERAL ELECTION


WHEREAS the City of Hinckley held an election for the office of Mayor and two
Council Members on Tuesday, November 7, 2006 during the General Election; and

WHEREAS on this 8th day of November 2006, the City Council has met to canvass said
election results;

WHEREAS the votes tabulated at said election were:
    Mayor                                   City Council member
Tom Lymburner     291                     Tim Davis         337
Willard Barnett   189                     Dave Hopkins      349
Write-ins           5                     Write-ins          13
Under votes        32                     Under votes       335

THEREFORE BE IT RESOLVED by the Hinckley City Council that the official
election results for the office of Mayor for the term of 2007 – 2008 shall be Tom
Lymburner.

BE IT FURTHER RESOLVED by the Hinckley City Council that the official election
results for the offices of Council Member for the term of 2007 - 2010 shall be Tim Davis
and Dave Hopkins.

Approved this 8th of November, 2006

________________________________________
Tom Lymburner, Mayor


ATTEST:
________________________________________
Jim Ausmus, Clerk-Administrator

The Administrator advised the Council that the Joint Powers Board for Building
Inspection annual meeting will be at 3:30 p.m. November 13 at Hinckley City Hall.

The regular meeting was adjourned by the Mayor at 10:30 p.m.


                                           __________________________________
                                           Tom Lymburner, Mayor
Attest:
_______________________________
Jim Ausmus, Clerk-Admin.
                                      November 8, 2006
                                      EDA MEETING
                          Hinckley Economic Development Authority

The EDA business meeting was called to order at 10:31 p.m. by President Lymburner.

A proposal to install gutter leaf guards at the Hinckley Manor was discussed. On motion by Klar,
second by Cekalla the board approves installation of leaf guards on the building to be included in
the Hinckley Manor budget for building improvements and using $840 from the Small Cities
Development Grant to put towards the improvement.

On motion by Hopkins, second by Cekalla the Jensen Backhoe pay request discussed at the regular
City Council meeting was also approved by the EDA for payment from TIF funds. Carried.

There being no further business, the EDA meeting adjourned at 10:35 p.m.

                                                                   _________________________
                                                                   President Tom Lymburner

_____________________________
Secretary Jim Ausmus

				
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