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05-24-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 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 Tim Caspers. 3. MINUTES The minutes of the regular meeting of May 10, 1994; special meeting of May 17, 1994; and bid openings of May 13 and May 16, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1994 2. LIBRARY BOARD MINUTES OF MAY 5, 1994 3. TELECOMMUNICATIONS COMMISSION MINUTES OF MAY 9, 1994 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES DATED APRIL 7, 1994 5. PLANNING COMMISSION MINUTES OF APRIL 19, 1994 6. HUTCHINSON HOUSING, INC. MINUTES OF APRIL 19, 1994 7. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF APRIL 19, 1994 AND MAY 4, 1994 8. REPORT OF CITY INVESTMENTS (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10219 - RESOLUTION TO APPROPRIATE UNCLAIMED PROPERTY 2. RESOLUTION NO. 10220 - RESOLUTION FOR PURCHASE (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) APPLICATION FOR TRANSIENT MERCHANT PERMIT BY TAP ENTERPRISES, INC. FOR ONE -DAY TOOL AUCTION ON MAY 26 CITY COUNCIL MINUTES - MAY 24, 1994 (e) SUBDIVISION AGREEMENTS: (1) PARKSIDE SECOND ADDITION (2) HUNTER'S RIDGE (3) FAIRWAY ESTATES (f) RENEWAL OF LEASE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY (g) CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR CONSTRUCTION OF AUTOMATIC BAY ADDITION AT ACME CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10218 ) (h) CITY STAFF REQUEST TO REZONE PROPERTY ON FRANKLIN STREET FROM C-3 TO R-2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 94-111 AND SET SECOND READING FOR JUNE 14, 1994) (i) CONDITIONAL USE PERMIT REQUESTED BY RICK LENNES TO MOVE HOUSE ONTO FRANKLIN STREET LOT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10215) (j) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 8.15, LOT DEPTH AND DENSITY IN I-2 DISTRICT, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 94-112 AND SET SECOND READING FOR JUNE 14, 1994) (k) CONDITIONAL USE PERMIT REQUESTED BY CHRIST THE KING CHURCH FOR CONSTRUCTION OF STORAGE GARAGE ON CHURCH PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10216) (1) CONDITIONAL USE PERMIT REQUESTED BY ROD OLSON TO CONSTRUCT GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10217) 2 CITY COUNCIL MINUTES - MAY 24, 1994 (m) PETITION BY ZAPP NATIONAL BANK OF ST. CLOUD (TRUSTEES OF MARVIN HOERNEMANN TRUST) TO BEGIN ANNEXATION PROCEEDINGS OF 3.2 ACRES IN HASSAN VALLEY TOWNSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 94-113 AND SET SECOND READING JUNE 14, 1994) (n) REGISTERED LAND SURVEY OF MARVIN HOERNEMANN TRUST PROPERTY IN HASSAN VALLEY TOWNSHIP (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (o) SITE PLAN SUBMITTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS The motion to approve the consent agenda was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. S. PUBLIC HEARING - 8:00 P.M. None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF RECOMMENDATION FROM TELECOMMUNICATIONS COMMISSION REGARDING CABLE TELEVISION FRANCHISE Paul Ackland, Chair of the Telecommunications Commission, discussed the cable franchise and presented the Commission's recommendation to extend the cable franchise for a period of six months. It was also suggested that the City Council hold one or two public hearings for input on cable services. Following discussion, the motion to approve extension of the franchise for six months was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS 3 CITY COUNCIL MINUTES - MAY 24, 1994 (a) CONSIDERATION OF DEVELOPMENT AGREEMENT REGARDING TAX INCREMENT FINANCING FOR PRINCE OF PEACE PROJECT (DEFERRED MAY 10, 1994) The motion to defer was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CHANGE ORDER IN BUILDING FUND FOR ADDITIONAL FURNITURE IN BUILDING/ENGINEERING DEPARTMENTS Following discussion, the motion to approve was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (b) CONSIDERATION TO WAIVE FEE FOR HOUSEHOLD HAZARDOUS WASTE FACILITY BUILDING PERMITS The Building Official reported the permit fee of $1,520.63 could be waived, but the applicant would need to pay the water meter cost of $160.00 and the state surcharge of $61.85. Following discussion, the motion to approve waiving only the permit fee was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (c) CONSIDERATION OF SPECIAL ASSESSMENTS ON TAX FORFEITED PROPERTY IN HELLANDS EIGHTH ADDITION City staff requested the City Council to reinstate the assessments with interest added for the two tax forfeited parcels, Lot 2 and Lot 3, Block 1, Hellands Eighth Addition. The two parcels are to be sold. Following discussion, the motion to approve reinstatement of assessments with interest was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (d) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 290 FOR LETTING NO. 2, PROJECT NO. 94-02, WAIVING HEARING, ADOPTING ASSESSMENT ROLL AND AWARDING CONTRACT Following discussion, the motion to approve and adopt Assessment Roll No. 290, to award contract and to waive readings and adopt Resolutions No. 10221 -No. 10224 was 4 CITY COUNCIL MINUTES - MAY 24, 1994 made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (e) CONSIDERATION OF RECEIVING PETITION, WAIVING HEARING, ADOPTING ASSESSMENT ROLL NO. 291, LETTING NO. 5, PROJECT NO. 94-05, AND AWARDING CONTRACT Following discussion, the motion to approve, to waive hearing, to adopt assessment roll, to award contract, and to waive readings and adopt Resolutions No. 10225 - No. 10228 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 292 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 9, PROJECT NO. 94-13, 94-15, AND 94-16 Following discussion, the motion to approve preparation of assessment roll No. 292, to hold a hearing June 14, 1994 at 8:00 P.M., and to waive readings and adopt Resolutions No. 10229 and No. 10230 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (g) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 293 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 10, PROJECT NO. 94-18, 94-19, AND 94-25 Following discussion, the motion to approve preparation of assessment roll No. 293, to hold a hearing June 14, 1994 at 8:00 P.M., and to waive readings and adopt Resolutions No. 10231 and No. 10232 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (h) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 12, PROJECT NO. 94-24 & 94-28 Following discussion, the motion to receive the report, to waive the hearing, to approve the plans and specifications, to advertise for bids, and to waive the readings and adopt Resolutions No. 10233-10235 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (i) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 11, PROJECT NO. 94-29 5 CITY COUNCIL MINUTES - MAY 24, 1994 Following discussion, the motion to receive the report, to waive the hearing, to approve the plans and specifications, to advertise for bids, and to waive the readings and adopt Resolutions No. 10236 - No. 10238 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Following a review of the HCVN lease by the City Attorney, the motion to approve the lease was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. The City Attorney requested Council approval of the sponsor certificates for property acquisitions involved in the airport project. Following discussion, the motion to approve the sponsor certificates was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. Attorney Anderson noted that the dispute with the McLeod County Fair Board was close to being resolved. (b) COMMUNICATIONS FROM HOSPITAL/NURSING HOME BOARD REGARDING PHARMACY REMODELING The Board of Directors of the Hospital/Nursing Home requested authorization to spend approximately $30,000.00 to remodel/refixture the Pharmacy as Phase I of the Pharmacy remodeling. Following discussion, the motion to approve the remodeling was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (c) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on a recent meeting he attended at the Willmar MN/DOT office. He encouraged City staff to continue to pursue a highway out to Hutchinson. (d) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar mentioned a parking problem on the north side of Marks Road and Pauls Road. He also noted C1 CITY COUNCIL MINUTES - MAY 24, 1994 that the work done on Michigan and Second Avenue only lasted for one week. It was suggested that residents be forewarned of construction work to be done on a high traffic street. (e) COMMUNICATIONS FROM AAGARD WEST ON RECYCLING Chris Boatwright, from Aagard West, presented a report and overhead charts/graphs on the recycling services in the City of Hutchinson from 1991 to 1994. (f) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated he and the Finance Director attended a 1994 Legislative Highlights Seminar today which reviewed changes in legislation that would affect cities. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported that Sky's the Limit has reached an agreement for land purchase. They plan to begin their business operation in Hutchinson about the first of June. 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 8:37 P.M. 7