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03-22-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 22, 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, Assistant City Engineer Cal Rice, 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 March 8, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - FEBRUARY 1994 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF FEBRUARY 28, 1994 3. HUTCHINSON HOUSING, INC. MINUTES OF FEBRUARY 15, 1994 4. PLANNING COMMISSION MINUTES OF FEBRUARY 15, 1994 (b) RESOLUTIONS AND ORDINANCES (1) ORDINANCE NO. 94-106 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ESTABLISHING A TELECOMMUNICATIONS COMMISSION BY ADOPTING A PROVISION ENTITLED "TELECOMMUNICATIONS COMMISSION" AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPTION) (2) RESOLUTION NO. 10168 - RESOLUTION FOR PURCHASE (3) RESOLUTION NO. 10179 - RESOLUTION ESTABLISHING TERMS OF OFFICE FOR APPOINTMENT OF MEMBERS TO THE NEWLY CREATED TELECOMMUNICATIONS COMMISSION (c) REPORT OF CITY INVESTMENTS (d) DELINQUENT WATER AND SEWER ACCOUNTS CITY COUNCIL MINUTES - MARCH 22, 1994 (e) RENEWAL OF 1994 ON -SALE INTOXICATING LIQUOR LICENSES > GOLD COIN INC. > VICTORIAN INN > UNDERGROUND BAR & GRILL > J'S PIZZA & SPORTS BAR > LAMPLIGHTER LOUNGE II > FLYERS/HI TOPS BAR/GRILL > SET-UP LICENSE: LITTLE CROW BOWLING LANES INC. (f) RATIFICATION OF APPOINTMENTS (1) TELECOMMUNICATIONS COMMISSION MARK GUGGEMOS - 5 YRS. MIKE FLAATA - 3 YRS. PAUL ACKLAND - 5 YRS. DENNIS SCHROEDER - 1 YR. DOUG HEDIN - 3 YRS. SUE POTTER, REP. HCVN SHARI COLVIN - 1 YR. BARRY ANDERSON, EX -OFFICIO DON HANSON - 1 YR. (NO REAPPOINTMENT) (g) CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE, ACME CARWASH, FOR CONSTRUCTION OF ADDITIONAL SELF -SERVE BAYS LOCATED AT 690 SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10169) (h) VACATION OF UTILITY EASEMENT ON LOT IN WAGNER DEVELOPMENT CORPORATION PLAT SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (FIRST READING OF ORDINANCE AND SECOND READING APRIL 12, 1994) (i) CONDITIONAL USE PERMIT TO MOVE 1976 MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE REQUESTED BY LARRY GILMER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10170) (j) PRELIMINARY AND FINAL PLAT OF FAIRWAY ESTATES SUBMITTED BY SAM MONTGOMERY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION 10171) (k) CONDITIONAL USE PERMIT TO MOVE GARAGE REQUESTED BY ROGER DEMEYER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10172) (1) VARIANCE TO REDUCE LOT DIMENSION FROM ONE ACRE TO .95 ACRE REQUESTED BY BARRY BARTON FOR CONSTRUCTION OF COIN LAUNDRY AND CARWASH (HWY 7 WEST) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10173) 2 CITY COUNCIL MINUTES - MARCH 22, 1994 (m) CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT A CARWASH AND COIN LAUNDRY IN C-4 DISTRICT LOCATED ON HWY 7 WEST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10174) (n) SEQUENCE OF CONSTRUCTION IN MORNINGSIDE ESTATES DEVELOPMENT REQUESTED BY DEAN LIMOGES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (o) REVIEW TIMING OF NORTHWEST ANNEXATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve the consent agenda items, with the exception of (e), (f), (h), (1) and (o), was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. Following discussion of item (e), Council Member Craig moved that the block of renewals for intoxicating liquor licenses be moved to the next meeting. The motion was amended by Council Member Craig that the licenses be renewed pending approval of city inspection by the Building Official. Amended motion seconded by Council Member Erickson and unanimously carried. Attorney Anderson commented on J's Pizza Bar & Grill and clarified that the condition for issuance of the license would be contingent upon payment of their sales tax obligation. Following discussion of item (f), Council Member Mlinar moved to approve ratification of appointments. Motion seconded by Council Member Peterson and unanimously carried. Following clarification of item (h) by Building Official Jim Marka, the motion to approve the vacation of utility easement and to waive first reading and set second reading of Ordinance No. 94-107 for April 12, 1994 was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. The Building Official clarified that on item (L) there was a lot split on the lot, and it was the intent of the Planning Commission to approve the lot split although it was not in writing. Following discussion, the motion to approve the variance and to waive reading and adopt Resolution No. 10173 was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. During discussion of item (o), it was the consensus of the Council that the City Attorney draft an orderly annexation 3 CITY COUNCIL MINUTES - MARCH 22, 1994 agreement for each of the townships of Acoma, Hutchinson, and Hassan Valley. The motion to direct City staff, or a designated individual, to hand deliver the agreements to each of the townships along with an explanation of their contents was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 94-19 (MCDONALD DRIVE/WEST OF JACKSON ST.) Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of hearing for Project No. 94-19. No one was present to be heard. The motion to close the hearing at 8:05 P.M. was made by Council Member Erickson, seconded by Council member Mlinar and unanimously carried. The motion to approve Project No. 94-19, to order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10177 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (b) PROJECT NO. 94-27 (HURON STREET SANITARY SEWER/SECOND AVENUE SE TO SOUTH) Mayor Torgerson read the notice of hearing for Project No. 94-27. Dwaine Lutzke, 546 Second Avenue SE, stated his main objection was the way in which the notice was worded. He found it confusing. Dolores Brunner, 968 Hayden Avenue, commented she and her husband recently purchased a lot from the City. They understood the sewer was in, but now they are being told it was not. She inquired what the assessment would be per lot and how many lots were involved. The motion to close the hearing at 8:18 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. Following discussion, the motion to approve Project No. 94-27, to order preparation of plans and specifications, 4 CITY COUNCIL MINUTES - MARCH 22, 1994 and to waive reading and adopt Resolution No. 10178 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF OUT-OF-STATE TRAVEL BY DIRECTOR RANDY DEVRIES TO ATTEND W.E.F. CONFERENCE IN ST. CHARLES, ILLINOIS Following discussion, the motion to approve the travel request was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF REQUEST TO CLOSE FIRST AVENUE NW DURING DESIGNATED HOURS FOR A.B.A.T.E. FUNDRAISER Following discussion, the motion to approve the request was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT PROJECT NO. 94-07, LETTING NO. 7 (SOUTH GRADE ROAD/TH 15 TO DALE STREET/FEDERAL AID) Following discussion, the motion to approve the report, to set a hearing for April 12, 1994, and to waive readings and adopt Resolutions No. 10175 & No. 10176 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (b) CONSIDERATION OF NEED FOR ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR HUTCHINSON IRON & METAL PROPERTY Attorney Jim Degiovanni represented the Weatheralls in addressing their concerns that an environmental assessment worksheet (EAW) be completed before the City permits Jay Freedland to proceed with relocating his scrap iron business. 5 CITY COUNCIL MINUTES - MARCH 22, 1994 The City Attorney stated the petition for an EAW must be acted upon within 30 days. However, it was his opinion that the Council's decision would not be an exclusive decision which would limit action at a future date for an EAW concerning wetlands. It was noted that the City Engineer did not recommend an EAW. Following discussion, the motion to deny the petition but reserve the right to request an EAW if warranted at a future date was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (c) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE TO HUTCHINSON JAYCEES FOR FIREMAN'S BALL Following discussion, the motion to approve issuing the license and waiving the $50 fee for the Fire Department was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST FROM MAINSTREET TO USE LIBRARY SQUARE PARK FOR "PICNIC IN THE PARK" ON JULY 12, 1994 Following discussion, the motion to approve the use of Library Square Park was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (e) CONSIDERATION OF REQUESTS FROM HUTCHINSON CHAMBER OF COMMERCE AND MAINSTREET TO HOLD STREET DANCE ON JULY 13, 1994 Following discussion, the motion to approve a street dance was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. (f) CONSIDERATION OF REQUEST TO PURCHASE ITEMS FOR CITY CENTER OPEN HOUSE Following discussion, the motion to approve the purchases, with the change requested by staff on the exhaust hood, was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (g) CONSIDERATION OF GRANT APPLICATION TO DNR FOR COMPLETION OF LUCE LINE TRAIL FROM GARDEN ROAD TO ARCH STREET P CITY COUNCIL MINUTES - MARCH 22, 1994 Following discussion, the motion to approve the project was made by Council Member Mlinar and seconded by Council Member Erickson. The motion was amended by Council Member Erickson to approve the second option for the City to apply for land acquisition costs only and complete the trail construction utilizing City personnel. Amended motion seconded by Council Member Craig and unanimously carried. The main motion carried. (h) CONSIDERATION OF INSTALLATION OF OUTDOOR WARNING SIRENS Following discussion, the motion to approve the low bid from Quade Electric in the amount of $9,800.00 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (i) CONSIDERATION OF PURCHASE AND UTILIZATION OF CELLULAR TELEPHONES BY DIRECTORS It was reported the funding for the cellular telephones could come from the 1993 Federal Emergency Management funds. Following discussion, the motion to approve the purchase was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (j) CONSIDERATION OF REQUEST TO PURCHASE REPLACEMENT AIR COMPRESSOR FOR FIRE DEPARTMENT Following discussion, the motion to approve the purchase at a cost of approximately $10,600.00 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (k) CONSIDERATION OF ORGANIZATIONAL INVESTMENT POLICY FOR HUTCHINSON COMMUNITY HOSPITAL AND BURNS MANOR NURSING HOME Following discussion, the motion to approve the policy was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the resolution of dispute over the electrical service territories. He requested a joint closed meeting of the Utilities Commission and City Council to address this issue. It was the consensus of h CITY COUNCIL MINUTES - MARCH 22, 1994 the Council to meet on March 28, 1994 at 4:30 P.M. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz presented the recommendations for the City Center Open House to be held on Saturday, May 7, from 10:00 A.M. to 1:00 P.M. The suggestions were received with the unanimous consensus of the Council. After discussion of having a Council workshop prior to the next regular meeting, the motion was made by Council Member Mlinar to meet at 5:30 P.M. on April 12, 1994. The motion was seconded by Council Member Peterson and unanimously carried. The City Administrator reported on the good turnout for the meeting held last Monday, the meetings on the tri - agency building, and the Legislature presentation. Mr. Plotz stated that each year the Planning Commission updates the City's Comprehensive Plan. It is the intent of the Planning Commission to work in concert with the City Council. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. N.