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05-10-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 10, 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. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of April 26, 1994 and bid opening of May 3, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1994 2. LIBRARY BOARD MINUTES OF APRIL 14, 1994 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94-109 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL ESTATE AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 94-110 - AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 10211 - RESOLUTION FOR PURCHASE (c) APPLICATION FOR PARADE PERMIT BY MINNESOTA WINGS MOTORCYCLE CLUB - MIDWEST CHAPTER (d) APPLICATION FOR TRANSIENT MERCHANT PERMIT BY RICHARD SEIPEL, DBA THE COUNTRY STOP (e) REISSUANCE OF GAMBLING DEVICE LICENSE FOR V.F.W. AUXILIARY POST 906 .f CITY COUNCIL MINUTES - MAY 10, 1994 The motion to approve the consent agenda was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPRAISAL OF PROPERTY AT 126 HASSAN STREET SOUTH Following discussion, the motion to hire an appraiser to do an appraisal on the parcel located at 126 Hassan Street South was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (b) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE PARK AND TO CLOSE DESIGNATED STREETS AND PARKING LOTS FOR 20TH ANNUAL ARTS AND CRAFTS FESTIVAL TO BE HELD SEPTEMBER 16 AND SEPTEMBER 17, 1994 Following discussion, the motion to approve the request was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DEVELOPMENT AGREEMENT REGARDING TAX INCREMENT FINANCING FOR PRINCE OF PEACE PROJECT (DEFERRED APRIL 26, 1994) The motion to defer to May 24, 1994 meeting was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (b) CONSIDERATION OF PETITIONS FOR FOUR-WAY STOP ON CORNER OF FIFTH AVENUE AND HARRINGTON STREET (DEFERRED APRIL 12, 1994) Following discussion, the motion to approve the four-way stop and to waive reading and adopt Resolution No. 10212 was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 2 CITY COUNCIL MINUTES - MAY 10, 1994 9. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO AGREEMENT WITH CELLULAR 7 PARTNERSHIP FOR ANTENNA ON SOUTH PARK WATER TOWER During discussion, the City Attorney was directed to review the covenants for use of the property when it was given to the City and to prepare a franchise agreement with Cellular 7 Partnership for the building located on park property. The motion to approve and enter into an agreement was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (b) CONSIDERATION OF SETTLEMENT PAYMENT WITH JUNKER SANITARY SERVICES, INC. (SECOND LITIGATION) Following discussion, the motion to approve the $18,000.00 settlement payment to Junker Sanitary Services, Inc. for the 3M claim was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR NEW STREET SWEEPER Following discussion, the motion to approve the recommendation to award the bid to MacQueen Equipment for a net bid of $73,768.00 (second low bid) was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (d) DISCUSSION OF POTENTIAL TRAFFIC CONTROL REVISIONS Engineer Rodeberg presented several suggestions for improving traffic control/safety and adding bike routes along Roberts Road, Fifth Avenue SE and Juul Road. No action was taken. (e) CONSIDERATION OF ADDITIONAL FUNDING FOR STREET MAINTENANCE Engineer Rodeberg reported that because several of the improvement projects were postponed, it would cost $6,000 to $10, 000 for extra materials to keep certain streets in repair for another year. He requested authorization to spend up to $8,000 from the contingency fund for the additional materials. 3 CITY COUNCIL MINUTES - MAY 10, 1994 Following discussion, the motion to approve the request was made by Council Member Craig, seconded by Council Member Erickson and unanimously carried. (f) CONSIDERATION OF APPLICATION TO MN/DOT FOR PERMIT TO PLANT TREES Following discussion, the motion to approve the application and to waive reading and adopt Resolution No. 10213 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported on the status of the electrical service territory issue. He stated an agreement has been reached between the entities regarding financial terms, and the final agreement should be ready for Council approval by next Tuesday. It was the consensus of the Council to hold a special meeting on Tuesday, May 17, 1994, at 12:00 Noon in the Council Chambers to act on the agreement. The City Attorney noted that the skydiving agreement with Sky's the Limit will need revision regarding reference to the Airport Commission rather than the airport manager. (b) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Councilman Craig commented on the City's 1993 population figure given by the State Demographer. He also commented on the good input and information obtained from the 5:30 P.M. budget workshop held prior to the regular meeting. (c) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson commended the City staff for the successful open house on May 7. (d) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Councilman Erickson stated he heard many favorable comments about the City Center during the open house. He inquired about changing the time for the City Council meetings to 5:30 P.M. V CITY COUNCIL MINUTES - MAY 10, 1994 (e) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the Tri -Agency Project was approved by the Senate, and the Bill will be signed by the Governor. (f) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson commented on the letter he sent to Senator Paul Wellstone and Representative David Minge regarding the property tax for the Evergreen Apartment complex in Hutchinson. 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 Craig, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:33 P.M. k