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03-08-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 8, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Dan Cloeter. 3. MINUTES The minutes of the regular meeting of February 8, 1994 and February 22, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - FEBRUARY 1994 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF FEBRUARY 15, 1994 3. LIBRARY BOARD MINUTES OF FEBRUARY 17, 1994 (b) RESOLUTIONS AND ORDINANCES (1) ORDINANCE NO. 94-104 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADOPTING SECTION 6.41 TO THE CITY CODE ENTITLED "TATTOOING" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPTION) (2) ORDINANCE NO. 94-105 - AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.12, 8.14 AND 8.15 REGARDING TATTOO ESTABLISHMENTS, MASSAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS (SECOND READING AND ADOPTION) (3) RESOLUTION NO. 10163 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, PROJECT NO. 94-19 (MCDONALD DRIVE/EAST OF HARVEST STREET TO MOBILE HOME PARK) (4) RESOLUTION NO. 10164 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, PROJECT NO. 94-19 CITY COUNCIL MINUTES - MARCH 8, 1994 (5) RESOLUTION NO. 10165 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, PROJECT NO. 94-27 (HURON STREET SANITARY SEWER/SECOND AVE. SE TO SOUTH) (6) RESOLUTION NO. 10166 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, PROJECT NO. 94-27 (c) APPOINTMENTS (1) SENIOR ADVISORY BOARD - JOHN AUL & TERESA HATTEN (2) PLANNING COMMISSION - GLENN MATEJKA (3) LIBRARY BOARD - JOYCE BEYTIEN (4) PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD - MIKE CANNON (5) TREE BOARD - RAY WURSCHER (d) AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION (ADOPT RESOLUTION NO. 10167) The motion to approve the consent agenda items was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 94-04, LETTING NO. 4 (SOUTH GRADE ROAD/OTTER LAKE CROSSING) Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of hearing for Letting No. 4, Project No. 94-04. Engineer Rodeberg reviewed the location and costs of the proposed project. Bill Arndt, 1660 South Grade Road, inquired if the improvement was being divided. He also referred to the bike path and asked if the lake would be drained down for the path. The motion to close the hearing at 8:10 P.M. was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 2 CITY COUNCIL MINUTES - MARCH 8, 1994 (b) PROJECT NO. 94-06, LETTING NO. 6 (OSGOOD/HAYDEN ADDITIONS AND ADJACENT AREAS) Mayor Torgerson read the notice of hearing for Letting No. 6, Project No. 94-06. Engineer Rodeberg reviewed the project and explained the proposed improvements. Ray Wolter, 312 Lake Street, asked if it would be possible to have the same contractor put in the service lines for the property owner. He also mentioned a sewer problem that required a roto router to clean out the line to the street. Mr. Wolter was in favor of the project. Gordon Schierman, 365 Lake Street, stated he objected to the project three years ago because of the costs. He was in favor of proceeding with the project. Myron Johnson, 907 Lewis Avenue, questioned what would be done on Lewis Avenue but was not opposed to the project. Garfield Krasean, 205 Lake Street, asked if anything would be done to the storm sewer on Second and Lake since it flooded every summer. He was not opposed to the project. Doug Lund, 360 Lake Street, questioned assessments on the project since the curb and gutter goes around his corner lot on two sides. He was not opposed to the project. The motion to close the hearing at 8:38 P.M. was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. Following discussion, the motion to approve Project No. 94-04, to order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10161 was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. The motion to approve Project No. 94-06, to order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10162 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 3 CITY COUNCIL MINUTES - MARCH 8, 1994 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF 1993 CRIME REPORT BY CITY ATTORNEY AND ASSISTANT CITY ATTORNEY Assistant Attorney Gina Brandt commented on the 1993 Crime Report. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF CITY CENTER STORAGE SHELVES The motion to approve the storage shelves was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (b) CONSIDERATION OF RECEPTION DESK MODIFICATIONS AT CITY CENTER The motion to approve the desk modifications was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (c) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT LICENSE FROM CLOTHING CONCEPTS, INC. Following a report from Sgt. Ron Kirchoff, the motion to approve and issue the license was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF APPLICATION FOR SOLICITORS LICENSE FROM PREMIER PORTRAITS INTERNATIONAL INC. The motion to approve and issue the license was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 4 CITY COUNCIL MINUTES - MARCH 8, 1994 10. (e) CONSIDERATION OF REQUEST FROM AIRPORT COMMISSION TO APPROVE USE OF CONTINGENCY FUNDS FOR CONSULTING SERVICES WITH TKDA RELATED TO PHASE II AIRPORT EXPANSION PRELIMINARY APPLICATION Following discussion, the motion to approve the use of funding from the contingency fund and to enter into an agreement with TKDA was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (f) CONSIDERATION OF CONSULTING AGREEMENT WITH RUST ENVIRONMENT AND INFRASTRUCTURE REGARDING COMPREHENSIVE SANITARY SEWER PLAN Following discussion, the motion to approve and enter into a consulting agreement with RUST E&I was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (g) CONSIDERATION OF CONSULTING AGREEMENT WITH RUST ENVIRONMENT AND INFRASTRUCTURE REGARDING WATER SUPPLY CONSULTING SERVICES Following discussion, the motion to approve and enter into an agreement with RUST E&I was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (h) DISCUSSION OF DATE FOR OPEN HOUSE AT CITY CENTER Following discussion, the motion to direct City staff to select an appropriate date for an open house within the next 30 days, with input from the City Council, was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. MISCELLANEOUS (a) COMMUNICATIONS FROM TOM EAKINS CONCERNING SKYDIVING BUSINESS AT HUTCHINSON MUNICIPAL AIRPORT Tom Eakins discussed the final details required to get his skydiving business operational in Hutchinson. It was noted that because of the limited liability insurance coverage available for this type of business, most airports offering skydiving lessons have an agreement with the business operator and signed waivers from the students. 5 CITY COUNCIL MINUTES - MARCH 8, 1994 Following discussion, the motion to direct the City Attorney to prepare for the next Council meeting a draft of an agreement and waiver forms for the skydiving business was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson introduced the first reading of Ordinance No. 94-106 to establish a Cable Television Commission. Following discussion, the motion to waive first reading of Ordinance No. 94-106 and to set second reading for March 22, 1994, was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. It was noted the name of "Telecommunications Commission" had been recommended for the newly established cable commission. (c) COMMUNICATIONS FROM COUNCIL MEMBER WILLIAM CRAIG Council Member Craig commented on the right-of-way easements for the gas line and the good cooperation between the city, utilities, and businesses. (d) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar alluded to correspondence regarding the salvage yard relocation. (e) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Council Member Erickson commented on the engineering recommendations regarding street policies and future assessments. He requested suggestions for 1995. (f) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported on the composting meeting to be held in Glencoe on March 14. RUST Engineering will present the co -composting project, and there will be an update on various methods and types of co -composting. Mr. Plotz mentioned the need for the Council to prioritize the 1994 City objectives. R CITY COUNCIL MINUTES - MARCH 8, 1994 (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg referred to complaints from bus drivers concerning parking on Grove Street. (h) Mayor Torgerson raised a question on the Ordinances for the Airport Commission and the Tree Board. He mentioned he will be attending the Legislative Conference in St. Paul on March 24. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from appropriate funds was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:20 P.M. 7