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09-08-1987 CCMv MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 8, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.K. The follow- ing were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Marlin Tor- gerson, Pat Mikulecky and Nike Carls (arrived at 8:45 P.M.). Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harold Kelm. 3. MINUTES The minutes of the regular meeting of August 25, 1987 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - AUGUST 1987 2. HOSPITAL BOARD MINUTES OF JULY 21, 1987 3. PARKS & RECREATION BOARD MINUTES OF JULY 29, 1987 4. TREE BOARD MINUTES OF AUGUST 5, 1987 (b) APPOIHTMEHT OF ROGER HAGGENMILLER TO PARKS & RECREATION BOARD (c) LICENSE APPLICATIONS BY PETER ADAMS, DBA SODBUSTER SALOON 1. CIGARETTE L I CENSE 2. ON -SALE HON -INTOXICATING MALT LIQUOR LICENSE 3. OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSE The motion was made by Alderman Nlinar to approve the reports and minutes in item (a) and ratify the appointment in item (b) and to defer action on item (c) license applications. Motion seconded by Alderman Mikulecky and unani- mously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 87-37 Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of hearing for project No. 87-37. Ms. Delores Saar, 45 Fifth Avenue N.W., asked for an explanation of the project and inquired who would pay for it. The City Engineer reported the City would pay the $10,000 cost for the temporary new storm sewer and two inlets to be installed on the Marshall property. A permanent project in the future would be assessed, and this project could be 1 CITY COUNCIL MINUTES - SEPTEMBER 8, 1987 added to the assessment at that time. Following discussion, Alderman Torgerson moved to close the hearing at 8:08 P.M. Motion seconded by Alderman Mlinar and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the plans and specifications, advertise for bids on September 21, 1987 at 2:00 P.M., and to waive readings and adopt Res- olutions No. 8604 and No. 8605. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHT ON SOUTH END OF KAY STREET Alderman Mikulecky moved to approve and refer to the Utilities. Mo- tion seconded by Alderman Torgerson and carried unanimously. (b) PETITION FOR COMPLETION OF SANITARY SEWER IN OAKWOOD ADDITION (PROJECT NO. 87-36, LETTING NO. 16) City Administrator Plotz reported on the background of the petition for the project and that the City Council rejected the project at a public hearing held August 11, 1987. A second petition was submitted for com- pletion of the project, but it did not contain 100 percent signatures of the property owners. Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to set a public hearing for project No. 87- 36, Letting No. 16, for September 22, 1987 at 8:00 P.M. Motion amended by Alderman Mikulecky to approve the engineer's report and call for a hearing September 22, 1987 at 8:00 P.M., to approve the plans and spec- ifications and advertise for bids, and to waive readings and adopt Resolutions No. 8610, No. 8611, No. 8612, and No. 8613. Amended motion seconded by Alderman Torgerson and carried unanimously. Main motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR HUTCHMOBILE DRIVER TO ATTEND DEFENSIVE DRIVING COURSE Following discussion, Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mikulecky and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8606 - RESOLUTION AUTHORIZING RELEASE AND ACCEPTING PLEDGED SECURITIES FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8606. Motion carried unani- mously. 2 CITY COUNCIL MINUTES - SEPTEMBER 8, 1987 (b) RESOLUTION 10. 8607 - TRANSFERRING 520,000 FROM LIQUOR STORE TO GENERAL FUND Alderman Mlinar moved to waive reading and adopt Resolution No. 8607. Motion seconded by Alderman Mikulecky and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RECOMMIENDATION BY POLICE CIVIL SERVICE COMMISSION TO APPROVE HIRING PART-TIME POLICE CLERK (DEFERRED AUGUST 25, 1987) Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve hiring Sharon Zieman as clerk. No- tion carried unanimously. (b) CONSIDERATION OF REZONING FROM R-2 TO C-2 PROPERTY LOCATED AT 29 FOURTH AVENUE NV, 35 FOURTH AVENUE NV AND 402 MAIN NORTH VITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED AUGUST 25, 1987) Mayor Ackland reconvened the Council meeting at 8:55 P.M. to discuss the rezoning issue. Property owner Bob Hornick, franchise holder Wayne Thompson, and Attor- ney Ronald McGraw presented the proposed site plan for the Burger King to be located at the intersection of Highways 7 and 15. They also stated their arguments as to why the property should be rezoned to allow this business to materialize. Attorney Pete Kasal, Craig and Peggy Reese presented counter -arguments as to why the property should not be rezoned as commercial and left as residential. The Reeses showed a video of their property and existing neighborhood. Mr. Ronald Shun, 515 Hassan Street S.E., stated there was a safety problem with the Highway 7 traffic being slowed down to turn into the proposed Burger King driveway. Also, additional cars would be added to the intersection, creating a safety hazard. He couldn't imagine having a business located next to a residential area. Mr. Vayne Kasich, 45 Fourth Avenue N.Y., commented that the City En- gineer didn't think it was a good location for the Burger King because of traffic problems. He foresaw a traffic hazard for himself and others. Mr. Kasich felt the long-range effects had to be considered. Alderman Torgerson stated the Planning Commission had approved the re- zoning by a six to one vote. He then moved to approve the rezoning and waive first reading of Ordinance No. 8/87 and set second reading for September 22, 1987. Motion seconded by Alderman Carls and unanimously carried five to zero. 3 CITY COUNCIL MINUTES - SEPTEMBER 8, 1987 9. NEW BUSINESS (a) CONSIDERATION OF PURCHASING TERMINAL EQUIPMENT FOR POLICE DEPARTMENT Following discussion, Alderman Mikulecky moved to approve the purchase and to take the money from the contingency fund. Motion seconded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF STATE AID FOR AIRPORT MAINTENANCE AND OPERATION After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and enter into an agreement and to waive reading and adopt Resolution No. 8608. Motion carried unanimusly. (c) CONSIDERATION OF PURCHASE OF CLOSED CIRCUIT TV SYSTEM FOR NEW POLICE FACILITY Following discussion, Alderman Torgerson made the motion to approve the purchase in the amount of $11,915, including alternate one and two, and award the bid to Videotronix Inc. Motion seconded by Alderman Miku- lecky and unanimously carried. (d) CONSIDERATION OF PURCHASE OF SOFTWARE FOR OUTPATIENT ABSTRACTING SYSTEM AT HUTCHINSON COMMUNITY HOSPITAL The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the purchase. Motion carried unanimously. (e) CONSIDERATION OF ORDINANCE CODIFICATION PROPOSAL(S) The City Attorney commented on the proposal received and his recommen- dation. No action was required at this time since the matter was under budget consideration. (f) CONSIDERATION OF LEAF COMPOSTING PROJECT Chairman Mark Schnobrich presented the Solid Waste Management Commit- tee's proposals for the leaf composting project. The Council was asked to authorize the opening and closing of the City tree dump for the de- posit of leaves. Following discussion, Alderman Torgerson moved to authorize the Solid Waste Management Committee to proceed with its proposal and to set up dates when the tree dump would be open. Alderman Mlinar seconded the motion and unanimously carried. (g) CONSIDERATION OF MONITORING AGREEMENT WITH ELECTRO WATCHMAN INC. FOR WASTEWATER TREATMENT PLANT After discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to approve and enter into contract with Electro 4 CITY COUNCIL MINUTES - SEPTEMBER 8, 1987 Watchman Inc., adding the word "West" to Elementary School. Notion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the progress of the wastewater treat- ment plant project was on schedule. Also, the printout for the police station was in order; however the project was three to four weeks be- hind schedule. Mr. Plotz reported the filing for office closed today. Three candi- dates filed for the position of alderman, including the two incumbents, and two for the office of Mayor, including the incumbent. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the informational memorandum received from George Field. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated he had talked to Supervisor Doug Meier re- garding over -night parking for residents who live in the downtown area. He requested that Supervisors Meier and Karg prepare a recommendation to the City Council regarding this item. It was reported that the Safety Council was concerned about preventing accidents at Bluff Street and Highway 7. Perhaps a traffic study should be done by MN/DOT at Highways 7, 15 and 22. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on his on-going concerns regarding the speed limit on Highway 7/22 West, and he made the motion to send a letter and Resolution No. 8614 to MN/DOT requesting to reduce the speed limit on Highway 7/22 West from 50 to 40 miles per hour from Third Avenue Northwest to west of Shady Ridge Road and to move the posted speed sign west to Shady Ridge Road. Alderman Torgerson seconded the motion and unanimously carried. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported he had a meeting with one of the air- port property owners, and he hoped to have a purchase agreement ready for a future City Council meeting. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on a memorandum from the Building Official re - 5 CITY COUNCIL MINUTES - SEPTEMBER 8, 1987 garding a change in the building permit fee for reshingling and resid- ing of one and two family homes. It was the opinion of the Council that a change in fees would require Council action, and the item should be placed on the agenda for a future meeting. RECESS: The City Council adjourned for a short recess at 8:42 P.M. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and unanimously carried, to approve and authorize payment from the ap- propriate funds. 12. ADJOURNMENT The regular meeting adjourned at 10:20 P.M. for a closed meeting to discuss the potential or pending litigation pertaining to the easement from the Lunds for the State Highway 15 improvement project. I