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11-12-1991 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 12, 1991 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Bart Fletcher. 3. MINUTES The minutes of the regular meeting of October 22, 1991 and special meeting of October 29, 1991 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1991 2. AIRPORT COMMISSION MINUTES - OCTOBER 14, 1991 3. PARK & RECREATION BOARD MINUTES - SEPTEMBER 25, 1991 (b) APPLICATIONS FOR SNOW REMOVAL PERMITS 1. STEVE REINER 5. GENE BETKER 9. ED RETTMAN JR. 2. RANDY BLAKE 6. TOM CLABO 10. JERRY EBERT 3. EDWIN KARG 7. DENNIS GETZ 11. GENE CARDA 4. DICK EWERT 8. DAVID IGL (c) APPOINTMENT OF CAROL BROWN TO TREE BOARD The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to order re- port and minutes filed, to issue permits, and to ratify appointment. 5. PUBLIC HEARING (a) PETITION OF 3M/MCLEOD AGRICULTURAL ASSOCIATION TO VACATE STREETS, ALLEYS AND EASEMENTS, EXCEPT FOR SEPARATELY RECORDED HUTCHINSON MUNICIPAL UTILITY EASEMENTS OF RECORD WITHIN BOUNDARIES OF REGISTERED LAND SURVEY 11 LIM CITY COUNCIL MINUTES - NOVEMBER 12, 1991 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4314. Jeanette Walters, 545 Erie Street SE, stated her father owned the property next to the property in question. She asked if it would affect any of his property or the fence on the property line. Mayor Ackland stated the Walters' property would not be affected. Engineer Rodeberg commented that the existing fence would serve as a buffer. He reported there were no plans for the property at present, and all the streets and alleys were vacated years ago. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to close the hearing at 8:05 P.M. The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to approve and to waive first reading of Ordinance No. 91-49 and set second reading for November 26, 1991. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9599 - RESOLUTION FOR PURCHASE The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive reading and adopt. (b) ORDINANCE NO. 91-45 - AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 6.07, REGADING GARAGE AND DRIVEWAY SETBACKS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive second reading and adopt. (c) ORDINANCE NO. 91-46 -' REZONING FROM R-3 TO C-4 FOR REGIONAL EYE SPECIALISTS CITY COUNCIL MINUTES - NOVEMBER 12, 1991 The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive second read- ing and adopt. (d) ORDINANCE NO. 91-47 - VACATION OF PORTION OF ALLEY BETWEEN DIVISION AVENUE AND MILWAUKEE AVENUE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to waive second read- ing and adopt. (e) ORDINANCE NO. 91-48 - VACATION OF PORTION OF IVY LANE BETWEEN SIXTH AND SEVENTH AVENUE SE The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to waive second reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DIAMOND 5 DEMOLITION SALVAGE RIGHTS AT DOWNTOWN REDEVELOPMENT SITE (DEFERRED OCTOBER 22, 1991) Following discussion, the motion was made by Alderman Erickson that the City had no obligation to Diamond 5, based on the City Attorney's recommendation. Motion sec- onded by Alderman Torgerson and unanimously carried. (b) DISCUSSION OF EVACUATION PLAN AT COUNTRY CLUB TERRACE MOBILE HOME PARK (DEFERRED OCTOBER 22, 1991) Attorney Anderson reported the school district had with- drawn its consent to use the school facility as part of the evacuation plan. He questioned if any current agree- ment existed with the school and stated the mobile home court licensing issues were tied with the evacuation plan. The City Attorney will discuss this issue with Police Chief Madson and contact the owner of Country Club Terrace regarding a written agreement on the erection of a permanent shelter at the mobile home court. It was also pointed out that the City Council rejected the evac- uation plan in July. The motion was made by Alderman Mlinar to direct the City Attorney to contact Bill Block. Motion seconded by Ald- erman Lenz and unanimously carried. (c) CONSIDERATION OF AGREEMENT WITH HUTCH, INC. FOR COUNTRY CLUB TERRACE MOBILE HOME PARK 3 CITY COUNCIL MINUTES - NOVEMBER 12, 1991 Attorney Anderson stated a year had passed since the mobile home park owner received a copy of the agreement, and there had been no response from him. It was the consensus of the Council not to take action. (d) DISCUSSION OF BILLING QUARTER AND INDIVIDUAL UNIT CHARGES AT COUNTRY CLUB TERRACE MOBILE HOME PARK Following discussion of the water billing at Country Club Terrace, it was the consensus of the Council to take no action and to base the charges on the master meter, with no adjustment on winter quarter. 9. NEW BUSINESS (a) CONSIDERATION OF DRUG-FREE POLICY Administrator Plotz reported the drug-free policy would be an appendix to the City Personnel Policy. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9604. (b) CONSIDERATION OF 1992 LEASE AGREEMENT FOR SENIOR NUTRITION PROGRAM, HEARTLAND COMMUNITY ACTION AGENCY Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve staff recommendation of $860 per quarter and to enter into agreement. (c) CONSIDERATION OF ADVERTISING FOR BIDS FOR CAR IMPOUNDING CONTRACT Following discussion, the motion was made by Alderman Torgerson•, seconded by Alderman Lenz and unanimously car- ried, to approve advertising for a two year contract. (d) CONSIDERATION OF EXTENDING FARM LEASE AGREEMENT WITH KURT KNUTSON Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve a one year lease based on 80 acres of land at $60 an acre. 4 CITY COUNCIL MINUTES - NOVEMBER 12, 1991 (e) (f) (g) (h) (i) (J) CONSIDERATION OF SETTING PUBLIC HEARING FOR MARK GAARDER'S INTOXICATING LIQUOR LICENSE APPLICATION Mark Gaarder requested this item be deferred to the November 26 meeting. The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to defer. CONSIDERATION OF ESTABLISHING CERTAIN CHANGES TO TRAFFIC CONTROL DEVICES AND PARKING Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9600. CONSIDERATION OF ACCEPTING DONATED SIGNS AND ENTERING INTO MAINTENANCE AGREEMENT Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve and enter into agreement. CONSIDERATION OF PURCHASE OF PROPERTY OWNED BY FARMERS ELEVATOR Attorney Anderson commented on the agreement and the buyer's contingtencies listed on pages 5 and 6 of the purchase and sale agreement. He stated the purchase in- cluded a small triangle of land. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve purchase and to enter into agreement. CONSIDERATION OF APPOINTING AUDITORS FOR 1991 CITY AUDIT Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and enter into agreement with Charles Bailly & Company. CONSIDERATION OF ELIMINATING PARKING AREAS ON WASHINGTON AVENUE AT INTERSECTION OF FRANKLIN STREET The motion was made by Alderman Erickson to defer. Motion was seconded by Alderman Mlinar and unanimously carried. 5 CITY COUNCIL MINUTES - NOVEMBER 12, 1991 (k) CONSIDERATION OF PAY EQUITY RULES The motion was made by Alderman Torgerson to defer. Motion seconded by Alderman Lenz and unanimously carried. (1) CONSIDERATION OF FEE CHANGES Following, discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve fee changes and to waive reading and adopt Resolution No. 9601. (m) CONSIDERATION OF SETTING PUBLIC HEARING FOR LIQUOR LICENSE FEE CHANGES Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve and to set a public hearing for De- cember 10, 1991 at 8:00 P.M. (n) CONSIDERATION OF SUBDIVISION AGREEMENT FOR PRIEBE ADDITION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve. (o) CONSIDERATION OF SUBDIVISION AGREEMENT FOR BETKER SECOND ADDITION Following' discussion, the motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously car- ried, to approve. (p) DISCUSSION OF CROW RIVER PEDESTRIAN BRIDGE Engineer Rodeberg reported Bud Daggett wished to donate a pedestrian bridge structure to the City to cross the Crow River from the Luce Line Trail to Tartan Park in the area of the bass pond. Mr. Daggett's contribution will be about $12,825 for a 115' X 4' single -span bridge. Since the City would like a six foot wide bridge, the extra cost to the City would be approximately $11-15,000. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to accept the donation and proceed with the project. 2-1 CITY COUNCIL MINUTES - NOVEMBER 12, 1991 (q) CONSIDERATION OF MSA ROUTE REVISIONS REGARDING HASSAN STREET NE AND FIRST AVENUE NE Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and to waive readings and adopt Reso- lutions No. 9602 and No. 9603. (r) CONSIDERATION OF FUND RAISER FOR ARENA IMPROVEMENT COMMITTEE AT CIVIC ARENA Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the fund raiser, contingent upon the City Attorney preparing an agreement covering liability insurance, clean-up, and a donation of $1,000 to City for a special fund and $600 to Youth Hockey. (s) CONSIDERATION, OF AUTHORIZING SURVEYING PROCESS OF SITE FOR DOWNTOWN DEVELOPMENT PHASE II Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve surveying. (t) CONSIDERATION OF TRANSFER OF INTEREST FOR LIBRARY SQUARE BUILDING Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve transfer and to waive first reading of Ordinance No. 91-50 and set second reading for November 26, 1991. (u) CONSIDERATION OF RECEIVING ENGINEER'S REPORT AND ORDERING PUBLIC HEARING FOR LETTING NO. 1, PROJECT NO. 92-01 Following' discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve the engineer's report, to order a public hearing for November 26, 1991 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9594 and No. 9596. (v) CONSIDERATION OF RECEIVING ENGINEER'S REPORT AND ORDERING PUBLIC HEARING FOR LETTING NO. 2, PROJECT NO. 92-02 Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve the engineer's report, to order a 7 CITY COUNCIL MINUTES - NOVEMBER 12, 1991 public hearing for November 26, 1991 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9595 and No. 9597. (w) CONSIDERATION OF HUTCHINSON AIRPORT EXPANSION Mr. Ray Strege of TKDA reported on the proposed airport expansion and completion of Phase I design. No state funds would be involved; only federal and local funding would be used. Mr. Strege recommended proceeding with the plans and specifications for Phase I and notifying the State and FAA of the project's status. It was the consensus of the Council to proceed with the proposal. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz directed attention to two letters regarding.sanitary sewer hookups which were distributed at the meeting. He stated the Council had assured Brad Olson at a public hearing that he would be given special consideration for assessments. The City Attorney was di- rected to send a letter to the Olsons stating the City would work with them. Mr. Plotz also commented on the 1992 capital improvement funds summary. (b) COMMUNICATION FROM ALDERMAN CRAIG LENZ Alderman Lenz commented on the Building Official's letter regarding electrical inspections. Discussion followed on how the inspection would be handled without adding addi- tional staff to cover this area. (c) COMMUNICATION FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the property where a fire occurred in the fall. Attorney Anderson stated the house would be demolished. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson asked about the Word of Life situation and recommended the settled assessments be certified to the County. The motion was made by Alderman Mlinar, 8 t CITY COUNCIL MINUTES - NOVEMBER 12, 1991 seconded by Alderman Torgerson and unanimously carried, to certify assessments for Word of Life. Attorney Anderson reported he had received no response to his letter sent to Tim Nelson. (e) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg reported there would be some changes in MN/DOT since there were two positions open. The City Engineer reported on the Hwy. 7 project. Also, he gave an update on the Wal-Mart structure. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:35 P.M. 7